Oregon Revised Statutes

Or. Rev. Stat. § 183.452 (2026)

Representation of agencies at contested case hearings

✓ current as of May 2026

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183.452 Representation of agencies at contested case hearings. (1) Agencies may, at their discretion, be represented at contested case hearings by the Attorney General.

(2) Notwithstanding ORS 9.160 and 9.320 and ORS chapter 180, and unless otherwise authorized by another law, an agency may be represented at contested case hearings by an officer or employee of the agency if:

(a) The Attorney General has consented to the representation of the agency by an agency representative in the particular hearing or in the class of hearings that includes the particular hearing; and

(b) The agency, by rule, has authorized an agency representative to appear on its behalf in the particular type of hearing being conducted.

(3) An agency representative acting under the provisions of this section may not give legal advice to an agency, and may not present legal argument in contested case hearings, except to the extent authorized by subsection (4) of this section.

(4) The officer presiding at a contested case hearing in which an agency representative appears under the provisions of this section may allow the agency 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;

(d) Admissibility of evidence; and

(e) Proper procedures to be used in the contested case hearing.

(5) Upon judicial review, no limitation imposed under this section on an agency representative is the basis for reversal or remand of agency action unless the limitation resulted in substantial prejudice to a party.

(6) The Attorney General may prepare model rules for agency representatives authorized under this section. [1999 c.448 §3]

Note: 183.452 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.

Notes of Decisions

Cited in 4 cases, 2002–2017 · leading case: SAIF Corp. v. Eller, 74 P.3d 1093 (Or. Ct. App. 2003).

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SAIF Corp. v. Eller, 74 P.3d 1093 (Or. Ct. App. 2003). · cites it 3× “As pertinent here, DCBS denied SAIF’s motion to dismiss WCD’s exceptions to the proposed order, concluding that the DRS manager was authorized to file the exceptions in her capacity as the authorized agency representative in the proceeding under ORS 183.452 and OAR 436-001-0030…”

Kaib's Roving R.Ph. Agency, Inc. v. Emp. Dep't, 50 P.3d 1193 (Or. Ct. App. 2002). “450, ORS 183.452, ORS 183.458 and ORS 183.460 do not apply to the Employment Appeals Board or the Employment Department.”

Carroll v. Dep't of Pub. Saf. Standards & Training, 396 P.3d 938 (Or. Ct. App. 2017). “See ORS 183.452; OAR 137-003-0545. She asserted that the hourly fees for those services are set out by a schedule and are not negotiable.”

Koller v. Veterinary Med. Examining Bd., 258 P.3d 1285 (Or. Ct. App. 2011). “Likewise, ORS 183.452 authorizes an agency to be represented by the Attorney General, and the Attorney General is authorized to *641 charge the agency for the deputy Attorney General’s time in representing the agency.”

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