(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.\n(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 Department of Early Learning and Care may be represented in the hearing by a labor union representative.\n(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:\n(a) Application of statutes and rules to the facts in the contested case;\n(b) Actions taken by the agency in the past in similar situations;\n(c) Literal meaning of the statutes or rules at issue in the contested case;\n(d) Admissibility of evidence; and\n(e) Proper procedures to be used in the contested case hearing. similar situations;\n(c) Literal meaning of the statutes or rules at issue in the contested case;\n(d) Admissibility of evidence; and\n(e) Proper procedures to be used in the contested case hearing. [2009 c.424 §2; 2018 c.75 §9; 2021 c.631 §16; 2023 c.554 §43]\nNote:\n183.459 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.
Oregon Legal Code