ORS 183.459: Representation of home care worker by labor union representative.

(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.

      (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.

      (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:

      (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;

      (c) Literal meaning of the statutes or rules at issue in the contested case;

      (d) Admissibility of evidence; and

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