2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 183 - Administrative Procedures Act; Review of Rules; Civil Penalties
Section 183.459 - Representation of home care worker by labor union representative.
(1) Notwithstanding ORS 8.690, 9.160 and 9.320, a home care worker or personal support worker, as defined in ORS 410.600, who is a party in a contested case hearing conducted by the Department of Human Services may be represented in the hearing by a labor union representative.
(2) The hearing officer at a contested case hearing in which a labor union representative appears under the provisions of this section shall allow the representative to present evidence, examine and cross-examine witnesses and make arguments relating to the:
(a) Application of statutes and rules to the facts in the contested case;
(b) Actions taken by the agency in the past in similar situations;
(c) Literal meaning of the statutes or rules at issue in the contested case;
(d) Admissibility of evidence; and
(e) Proper procedures to be used in the contested case hearing. [2009 c.424 §2; 2018 c.75 §9]
Note: The amendments to 183.459 by section 16, chapter 631, Oregon Laws 2021, become operative January 1, 2023. See section 64, chapter 631, Oregon Laws 2021. The text that is operative on and after January 1, 2023, is set forth for the user’s convenience.
(1) Notwithstanding ORS 8.690, 9.160 and 9.320, a home care worker or personal support worker, as defined in ORS 410.600, who is a party in a contested case hearing conducted by the Department of Human Services may be represented in the hearing by a labor union representative.
(2) Notwithstanding ORS 8.690, 9.160 and 9.320, a family child care provider, as defined in ORS 329A.430, who is a party in a contested case hearing conducted by the Office of Child Care may be represented in the hearing by a labor union representative.
(3) The hearing officer at a contested case hearing in which a labor union representative appears under the provisions of this section shall allow the representative to present evidence, examine and cross-examine witnesses and make arguments relating to the:
(a) Application of statutes and rules to the facts in the contested case;
(b) Actions taken by the agency in the past in similar situations;
(c) Literal meaning of the statutes or rules at issue in the contested case;
(d) Admissibility of evidence; and
(e) Proper procedures to be used in the contested case hearing.
Note: 183.459 was added to and made a part of 183.413 to 183.470 by legislative action but was not added to any other series. See Preface to Oregon Revised Statutes for further explanation.
