68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 681

                         House Bill 2080

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Department of Land
  Conservation and Development)


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Allows lay representation in contested case proceedings before
Land Conservation and Development Commission and Department of
Land Conservation and Development.

                        A BILL FOR AN ACT
Relating to lay representation in certain land use contested case
  proceedings; amending ORS 183.457.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 183.457 is amended to read:
  183.457. (1) Notwithstanding ORS 8.690, 9.160 and 9.320, and
unless otherwise authorized by another law, a person
participating in a contested case hearing conducted by an agency
described in this subsection may be represented by an attorney or
by an authorized representative subject to the provisions of
subsection (2) of this section. The Attorney General shall
prepare model rules for proceedings with lay representation that
do not have the effect of precluding lay representation. No rule
adopted by a state agency shall have the effect of precluding lay
representation. The agencies before which an authorized
representative may appear are:
  (a) The State Landscape Contractors Board in the administration
of the Landscape Contractors Law.
  (b) The Department of Energy and the Energy Facility Siting
Council.
  (c) The Environmental Quality Commission and the Department of
Environmental Quality.
  (d) The Department of Consumer and Business Services for
proceedings in which an insured appears pursuant to ORS 737.505.
  (e) The State Fire Marshal in the Department of State Police.
  (f) The Division of State Lands for proceedings regarding the
issuance or denial of fill or removal permits under ORS 196.800
to 196.825.
  (g) The Public Utility Commission.
  (h) The Water Resources Commission and the Water Resources
Department.
   { +  (i) The Land Conservation and Development Commission and
the Department of Land Conservation and Development. + }


  (2) A person participating in a contested case hearing as
provided in subsection (1) of this section may appear by an
authorized representative if:
  (a) The agency conducting the contested case hearing has
determined that appearance of such a person by an authorized
representative will not hinder the orderly and timely development
of the record in the type of contested case hearing being
conducted;
  (b) The agency conducting the contested case hearing allows, by
rule, authorized representatives to appear on behalf of such
participants in the type of contested case hearing being
conducted; and
  (c) The officer presiding at the contested case hearing may
exercise discretion to limit an authorized representative's
presentation of evidence, examination and cross-examination of
witnesses, or presentation of factual arguments to insure the
orderly and timely development of the hearing record, and shall
not allow an authorized representative to present legal
arguments.
  (3) Upon judicial review, no limitation imposed by an agency
presiding officer on the participation of an authorized
representative shall be the basis for reversal or remand of
agency action unless the limitation resulted in substantial
prejudice to a person entitled to judicial review of the agency
action.
  (4) For the purposes of this section, 'authorized
representative' means a member of a participating partnership, an
authorized officer or regular employee of a participating
corporation, association or organized group, or an authorized
officer or employee of a participating governmental authority
other than a state agency.
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