Examination of evidence by agency
Source:
Section 183.460 — Examination of evidence by agency, https://www.oregonlegislature.gov/bills_laws/ors/ors183.html.
Notes of Decisions
Under this section, Real Estate Commissioner who was in attendance for proceedings and “heard case or considered record” was entitled to issue suspension order without benefit of proposed findings and exceptions. Stanfill v. Real Estate Division, 35 Or App 549, 581 P2d 980 (1978), Sup Ct review denied
Proposed order was not required before final order was entered because deputy administrator reviewed entire record on reconsideration. Bob Wilkes Falling v. National Council on Comp. Ins., 108 Or App 453, 816 P2d 1172 (1991), Sup Ct review denied
Where all issues raised by petitioner on appeal were before hearings officer, exhaustion of remedies doctrine did not require that petitioner file exceptions to hearings officer’s proposed order before seeking review of final order. Reforestation General v. National Council on Comp. Ins., 127 Or App 153, 872 P2d 423 (1994), on reconsideration 130 Or App 615, 883 P2d 865 (1994), Sup Ct review denied
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