Statutes, codes, and regulations
Oregon Administrative Code
Chapter 471 - EMPLOYMENT DEPARTMENT
Division 70 - Paid Family Medical Leave Insurance
Section 471-070-8000 - Appeals: Department Representation in Hearing

Or. Admin. Code § 471-070-8000

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Current through Register Vol. 63, No. 12, December 1, 2024
Section 471-070-8000 - Appeals: Department Representation in Hearing
(1) Subject to the approval of the Attorney General, an officer or employee of the Oregon Employment Department is authorized to appear on behalf of the department in the following types of hearings conducted before the Office of Administrative Hearings:
(a) Administrative decisions related to Paid Family and Medical Leave Insurance (PFMLI) benefits under ORS 657B.100 and 657B.120 and applicable rules.
(b) Administrative decisions related to PFMLI contributions under ORS 657B.130 to 657B.175 or 657B.370 and applicable rules.
(c) Administrative decisions related to PFMLI penalties imposed under ORS 657B.910 or 657B.920 and applicable rules.
(d) Administrative decisions related to PFMLI employer assistance grants under ORS 657B.200 and applicable rules.
(e) Administrative decisions related to PFMLI equivalent plans under ORS 657B.210 and applicable rules.
(2) The agency representative may not make legal argument on behalf of the agency.
(a) "Legal argument" includes arguments on:
(A) The jurisdiction of the agency to hear the contested case;
(B) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency; and
(C) The application of court precedent to the facts of the particular contested case proceeding.
(b) "Legal argument" does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on:
(A) The application of the statutes or rules to the facts in the contested case;
(B) Comparison of prior actions of the agency in handling similar situations;
(C) The literal meaning of the statutes or rules directly applicable to the issues in the contested case;
(D) The admissibility of evidence;
(E) The correctness of procedures being followed in the contested case hearing.

Or. Admin. Code § 471-070-8000

ED 16-2022, temporary adopt filed 12/06/2022, effective 12/6/2022through 6/3/2023; ED 2-2023, adopt filed 03/16/2023, effective 3/16/2023

Statutory/Other Authority: ORS 657B.340 & ORS 183.452

Statutes/Other Implemented: ORS 183.452 & 657B.410