Oregon Statutes 183.458 – Nonattorney and out-of-state attorney representation of parties in certain contested case hearings
(1) Notwithstanding any other provision of law, in any contested case hearing before a state agency involving child support, public assistance as defined in ORS § 411.010, medical assistance as defined in ORS § 414.025 or the right to be free from potentially unusual or hazardous treatment procedures under ORS § 426.385 (3), a party may be represented by any of the following persons:
Terms Used In Oregon Statutes 183.458
- Agency: means any state board, commission, department, or division thereof, or officer authorized by law to make rules or to issue orders, except those in the legislative and judicial branches. See Oregon Statutes 183.310
- Contested case: means a proceeding before an agency:
(A) In which the individual legal rights, duties or privileges of specific parties are required by statute or Constitution to be determined only after an agency hearing at which such specific parties are entitled to appear and be heard;
(B) Where the agency has discretion to suspend or revoke a right or privilege of a person;
(C) For the suspension, revocation or refusal to renew or issue a license where the licensee or applicant for a license demands such hearing; or
(D) Where the agency by rule or order provides for hearings substantially of the character required by ORS § 183. See Oregon Statutes 183.310
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency. See Oregon Statutes 183.310
(a) An attorney licensed to practice law in any state who is an employee of or contracts with a nonprofit legal services program that receives funding pursuant to ORS § 9.572.
(b) An authorized representative who is an employee of a nonprofit legal services program that receives funding pursuant to ORS § 9.572. The authorized representative must be supervised by an attorney also employed by a legal services program.
(c) An authorized representative who is an employee of the system described in ORS § 192.517 (1). The authorized representative must be supervised by an attorney also employed by the system.
(2) In any contested case hearing before a state agency involving child support, a party may be represented by a law student who is:
(a) Handling the child support matter as part of a law school clinical program in which the student is enrolled; and
(b) Supervised by an attorney employed by the program.
(3) In any contested case hearing before a state agency involving an applicant for or recipient of medical assistance, the claimant may be represented by a relative, friend or any other person of the claimant’s choosing.
(4) A person authorized to represent a party under this section may present evidence in the proceeding, examine and cross-examine witnesses and present factual and legal arguments in the proceeding. [1999 c.448 § 4; 2003 c.14 § 86; 2005 c.498 § 6; 2009 c.49 § 1; 2013 c.688 § 25]
183.458 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.