ORS 183.315
Application of provisions of chapter to certain agencies

(1)

The provisions of ORS 183.410 (Agency determination of applicability of rule or statute to petitioner), 183.415 (Notice of right to hearing), 183.417 (Procedure in contested case hearing), 183.425 (Depositions or subpoena of material witness), 183.440 (Subpoenas in contested cases), 183.450 (Evidence in contested cases), 183.452 (Representation of agencies at contested case hearings), 183.458 (Nonattorney and out-of-state attorney representation of parties in certain contested case hearings), 183.460 (Examination of evidence by agency), 183.470 (Orders in contested cases) and 183.480 (Judicial review of agency orders) do not apply to local government boundary commissions created pursuant to ORS 199.430 (Procedure for creating commissions by local resolution or petition), the Department of Revenue, State Accident Insurance Fund Corporation, Department of Consumer and Business Services with respect to its functions under ORS chapters 654 and 656, State Board of Parole and Post-Prison Supervision or Psychiatric Security Review Board with respect to its functions under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board).

(2)

This chapter does not apply with respect to actions of the Governor authorized under ORS chapter 240 and ORS 396.125 (Governor as Commander in Chief) or actions of the Adjutant General authorized under ORS 396.160 (Adjutant General) (14).

(3)

The provisions of ORS 183.410 (Agency determination of applicability of rule or statute to petitioner), 183.415 (Notice of right to hearing), 183.417 (Procedure in contested case hearing), 183.425 (Depositions or subpoena of material witness), 183.440 (Subpoenas in contested cases), 183.450 (Evidence in contested cases), 183.452 (Representation of agencies at contested case hearings), 183.458 (Nonattorney and out-of-state attorney representation of parties in certain contested case hearings) and 183.460 (Examination of evidence by agency) do not apply to the Employment Appeals Board or the Employment Department.

(4)

The Employment Department shall be exempt from the provisions of this chapter to the extent that a formal finding of the United States Secretary of Labor is made that such provision conflicts with the terms of the federal law, acceptance of which by the state is a condition precedent to continued certification by the United States Secretary of Labor of the state’s law.

(5)

The provisions of ORS 183.415 (Notice of right to hearing) to 183.430 (Hearing on refusal to renew license), 183.440 (Subpoenas in contested cases) to 183.460 (Examination of evidence by agency), 183.470 (Orders in contested cases) to 183.485 (Decision of court on review of contested case) and 183.490 (Agency may be compelled to act) to 183.500 (Appeals) do not apply to orders issued to persons who:

(a)

Have been committed pursuant to ORS 137.124 (Commitment of defendant to Department of Corrections or county) to the custody of the Department of Corrections or are otherwise confined in a Department of Corrections facility; or

(b)

Seek to visit an adult in custody confined in a Department of Corrections facility.

(6)

ORS 183.410 (Agency determination of applicability of rule or statute to petitioner), 183.415 (Notice of right to hearing), 183.417 (Procedure in contested case hearing), 183.425 (Depositions or subpoena of material witness), 183.440 (Subpoenas in contested cases), 183.450 (Evidence in contested cases), 183.460 (Examination of evidence by agency), 183.470 (Orders in contested cases) and 183.482 (Jurisdiction for review of contested cases) (3) do not apply to the Public Utility Commission. Except as provided in ORS 774.180 (Intervention in agency proceedings affecting utility consumers), judicial review of an order issued by the commission in a contested case may be sought only by a party to the contested case.

(7)

The provisions of this chapter do not apply to the suspension, cancellation or termination of an apprenticeship or training agreement under ORS 660.060 (Contents of agreement).

(8)

The provisions of ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.497 (Awarding costs and attorney fees when finding for petitioner) do not apply to administrative proceedings conducted under rules adopted by the Secretary of State under ORS 246.190 (Help America Vote Act complaint procedures). [1971 c.734 §19; 1973 c.612 §3; 1973 c.621 §2; 1973 c.694 §1; 1975 c.759 §1; 1977 c.804 §45; 1979 c.593 §7; 1981 c.711 §16; 1987 c.320 §142; 1987 c.373 §21; 1989 c.90 §1; 1997 c.26 §1; 1999 c.448 §6; 1999 c.679 §1; 2003 c.64 §8; 2005 c.512 §30; 2005 c.638 §1; 2007 c.239 §8; 2007 c.288 §10; 2011 c.708 §24; 2017 c.312 §1; 2017 c.442 §23; 2019 c.213 §54]

Source: Section 183.315 — Application of provisions of chapter to certain agencies, https://www.­oregonlegislature.­gov/bills_laws/ors/ors183.­html.

Notes of Decisions

Although Department of Corrections may grant inmates greater procedural rights than required by statute, department could not grant right to judicial review not authorized by statute by specifying in rule that certain decisions be treated as order in contested case. Smith v. Dept. of Corrections, 105 Or App 61, 804 P2d 482 (1990)

ORS 163.105 requirement that parole proceeding for person convicted of aggravated murder be conducted in manner prescribed for contested case creates limited exception to parole board’s exemption from Administrative Procedures Act. Larsen v. Board of Parole and Post-Prison Supervision, 206 Or App 353, 138 P3d 16 (2006)

Law Review Citations

53 OLR 67 (1973)

183.310
Definitions for chapter 183.315
Application of provisions of chapter to certain agencies 183.325
Delegation of rulemaking authority to named officer or employee 183.330
Description of organization 183.332
Policy statement 183.333
Policy statement 183.335
Notice 183.336
Cost of compliance effect on small businesses 183.337
Procedure for agency adoption of federal rules 183.341
Model rules of procedure 183.355
Filing and taking effect of rules 183.360
Publication of rules and orders 183.365
Publication of administrative rules in electronic form 183.370
Distribution of published rules 183.390
Petitions requesting adoption of rules 183.400
Judicial determination of validity of rule 183.403
Agency report to Legislative Assembly regarding temporary rules 183.405
Agency review of rules 183.407
Small Business Rules Advisory Committee 183.410
Agency determination of applicability of rule or statute to petitioner 183.411
Delegation of final order authority 183.413
Notice to parties before hearing of rights and procedure 183.415
Notice of right to hearing 183.417
Procedure in contested case hearing 183.425
Depositions or subpoena of material witness 183.430
Hearing on refusal to renew license 183.435
Period allowed to request hearing for license refusal on grounds other than test or inspection results 183.440
Subpoenas in contested cases 183.445
Subpoena by agency or attorney of record of party when agency not subject to ORS 183.440 183.450
Evidence in contested cases 183.452
Representation of agencies at contested case hearings 183.453
Representation of Oregon Health Authority and Department of Human Services at contested case hearings 183.457
Representation of persons other than agencies participating in contested case hearings 183.458
Nonattorney and out-of-state attorney representation of parties in certain contested case hearings 183.459
Representation of home care worker by labor union representative 183.460
Examination of evidence by agency 183.462
Agency statement of ex parte communications 183.464
Proposed order by hearing officer 183.470
Orders in contested cases 183.471
Preservation of orders in electronic format 183.480
Judicial review of agency orders 183.482
Jurisdiction for review of contested cases 183.484
Jurisdiction for review of orders other than contested cases 183.485
Decision of court on review of contested case 183.486
Form and scope of decision of reviewing court 183.490
Agency may be compelled to act 183.497
Awarding costs and attorney fees when finding for petitioner 183.500
Appeals 183.502
Authority of agencies to use alternative means of dispute resolution 183.530
Housing cost impact statement required for certain proposed rules 183.534
Housing cost impact statement described 183.538
Effect of failure to prepare housing cost impact statement 183.540
Reduction of economic impact on small business 183.605
Office of Administrative Hearings 183.610
Chief administrative law judge 183.615
Administrative law judges 183.620
Contract administrative law judges 183.625
Assignment of administrative law judges 183.630
Model rules of procedure 183.635
Agencies required to use administrative law judges from Office of Administrative Hearings 183.640
Use of Office of Administrative Hearings by exempt agencies and by political subdivisions 183.645
Request for change of administrative law judge 183.650
Form of order 183.655
Fees 183.660
Office of Administrative Hearings Operating Account 183.665
Estimates of office expenses 183.670
Rules 183.675
Alternative dispute resolution 183.680
Standards and training program 183.685
Ex parte communications 183.690
Office of Administrative Hearings Oversight Committee 183.700
Permits subject to ORS 183.702 183.702
Statement of criteria and procedures for evaluating permit application 183.705
Extended term for renewed licenses 183.710
Definitions for ORS 183.710 to 183.730 183.715
Submission of adopted rule to Legislative Counsel required 183.720
Procedure for review of agency rule 183.722
Required agency response to Legislative Counsel determination 183.724
Designation of interim committees for purposes of considering rule reports 183.730
Review of rule by Oregon Sunshine Committee 183.745
Civil penalty procedures 183.750
State agency required to prepare public writings in readable form
Green check means up to date. Up to date

Current through early 2024

§ 183.315’s source at oregon​.gov