(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;
(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.
(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.