Agency determination of applicability of rule or statute to petitioner
- effect
- judicial review
Source:
Section 183.410 — Agency determination of applicability of rule or statute to petitioner; effect; judicial review, https://www.oregonlegislature.gov/bills_laws/ors/ors183.html.
Notes of Decisions
An unambiguous regulation, like an unambiguous statute, should not be interpreted but should be enforced according to the clear language. Schoen v. Univ. of Ore., 21 Or App 494, 535 P2d 1378 (1975)
This section does not authorize the Court of Appeals to make a declaration ruling on a question that is not first passed upon by an administrative agency. Ore. State Employes Assn. v. State of Oregon, 21 Or App 567, 535 P2d 1385 (1975); Hopkins v. Dept. of Corrections, 127 Or App 210, 872 P2d 433 (1994)
This section gives Court of Appeals jurisdiction to review only binding declaratory rulings of agencies and therefore court may not review respondent’s denial of petitioner’s request for declaratory ruling. Fadeley v. Ore. Govt. Ethics Comm., 25 Or App 867, 551 P2d 496 (1976); United Brokers, Inc. v. Department of Agriculture, 68 Or App 44, 680 P2d 702 (1984)
A letter from the Employment Relations Board to the Court of Appeals provided insufficient basis for an exception to the general rule that parties may not confer jurisdiction upon the court by stipulation. Lane Council of Govts. v. Lane Council of Govts. Employes Assn., 278 Or 335, 563 P2d 729 (1977)
Where petition requesting Energy Facility Siting Council to take actions regarding disposal of allegedly radioactive waste did not involve owner of landfill or party responsible for waste, raised complex factual issues, was not in form required by Attorney General rules, was not treated by parties as request for declaratory ruling and Council could not grant enforcement relief sought by petitioner, matter was not declaratory ruling proceeding under this section. Forelaws on Board v. Energy Fac. Siting Council, 311 Or 350, 811 P2d 636 (1991)
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