Judicial review of agency orders
Source:
Section 183.480 — Judicial review of agency orders, https://www.oregonlegislature.gov/bills_laws/ors/ors183.html.
Notes of Decisions
The penalty imposed was set aside because the commissioner’s findings and conclusions were incomplete and thus unlawful in substance. Vincent v. Real Estate Div., 24 Or App 913, 548 P2d 180 (1976)
Until an order is preceded by a contested case hearing, it is reviewed in circuit court, not the Court of Appeals. Solomon v. State Land Board, 25 Or App 311, 548 P2d 1335 (1976)
An intervenor in an action under the energy facility siting statutes, ORS 469.300 to 469.570 and 469.992, has standing to seek judicial review of the agency action on any issue presented, subject to the requirements of this section as long as he can show he was adversely affected or aggrieved. Marbet v. Portland General Electric, 277 Or 447, 561 P2d 154 (1977)
In a proceeding before the Employment Relations Board to certify a bargaining unit under ORS 243.650, an order by the board denying a motion to dismiss the proceeding on the ground that the employer is not a “public employer” under this section and holding that it is such an employer, is not a “final order” appealable under the terms of this section. Lane Council of Govts. v. Lane Council of Govts. Employes Assn., 277 Or 631, 561 P2d 1012 (1977), as modified by, 278 Or 335, 563 P2d 729 (1977)
Employment Relations Board order dismissing objections to conduct of substitute teachers’ representation election that preceded certification order was not final order subject to review under this section. Eugene School District v. Substitute Teacher Organization, 31 Or App 1255, 572 P2d 650 (1977)
Board order, which defined appropriate bargaining unit and directed representation election for city police pursuant to ORS 243.650 et seq., was not “final order” subject to judicial review. City of Hermiston v. Employment Relations Board, 280 Or 291, 570 P2d 663 (1977)
Where plaintiff has not exhausted administrative remedies, Dental Examiners Board has jurisdiction to grant motion for interlocutory relief, but lacks jurisdiction to grant permanent injunction that precludes board from conducting hearing. Van Gordon v. Oregon State Board of Dental Examiners, 34 Or App 607, 579 P2d 306 (1978), Sup Ct review denied
Where Employment Relations Board determined that proposed bargaining unit was inappropriate, this was a final order and appealable. OSEA v. Deschutes County, 40 Or App 371, 595 P2d 501 (1979)
Agency order which left nothing more for applicant or agency to do was final order under this section and was not rendered less final by recognition in order that petitioners might reapply or ask for reconsideration based on submission of additional data. Land Reclamation v. DEQ, 292 Or 104, 636 P2d 933 (1981)
County and its tax assessor have standing, under this section, to seek review of state historic preservation officer’s decision freezing assessed value of property designated as historic under ORS 358.475 to 358.565. Multnomah County v. Talbot, 56 Or App 235, 641 P2d 617 (1982), aff’d 294 Or 478, 657 P2d 684 (1983)
Where school district employees were determined to be in bargaining unit at time of its recognition by school district and no new negotiations were required as to them, Employment Relations Board clarification order was not “tentative or preliminary” declaration and was final order and appealable. Reynolds School Dist. v. OSEA, 58 Or App 609, 650 P2d 119 (1982)
Aggrieved party may appeal state agency’s action to Court of Appeals pursuant to this section and ORS 183.482, even though agency action is land use decision but aspects of decision in which “agency is required to apply the goals” are within exclusive jurisdiction of LUBA and will not be reviewed in first instance by Court of Appeals. Kalmiopsis Audubon Soc. v. Division of State Lands, 66 Or App 810, 676 P2d 885 (1984)
ERB order designating Division of State Lands Employes’ Association as appropriate bargaining unit was not “final order,” because that determination must be followed by election. DSLEA v. Division of State Lands, 72 Or App 559, 696 P2d 578 (1985)
Appeal of contested case concerning state institution reimbursement and pursuant to this section was subject to more specific statute, [former] ORS 179.650, which grants judicial review of order to circuit court rather than Court of Appeals. Pioneer Trust Bank v. Mental Health Division, 87 Or App 132, 742 P2d 51 (1987)
Petitioner, nonprofit animal protection organization, is not “aggrieved” and lacked standing because petitioner did not show one or more of three factors necessary for person to be “aggrieved.” People for the Ethical Treatment of Animals v. Institutional Animal Care and Use Committee of the University of Oregon, 312 Or 95, 817 P2d 1299 (1991)
Court application of criminal law definition of “probable cause” rather than statutory definition set forth in ORS 244.260 was error. Brian v. Oregon Government Ethics Commission, 126 Or App 358, 868 P2d 1359 (1994), aff’d 320 Or 676, 891 P2d 649 (1995)
Whether Children’s Services Division followed proper procedure in making child placement decision was distinct issue from merits of placement decision and therefore was reviewable by circuit court. Adams v. CSD, 131 Or App 396, 886 P2d 19 (1994), Sup Ct review denied
Aggrieved persons having standing to petition for court review of administrative aspects of adoption denial were not required to also have standing under ORS 109.119. State ex rel Juv. Dept. v. Rivers, 131 Or App 512, 886 P2d 1024 (1994)
Enforcement of order is action taken with “probable cause” even if that order being enforced is erroneous. Hermiston Irrigation Dist. v. Water Resources Dept. 131 Or App 596, 886 P2d 1092 (1994)
Non-agency party has standing to seek judicial review regardless of whether party seeks different ultimate outcome. Brian v. Oregon Government Ethics Commission, 319 Or 151, 874 P2d 1294 (1994)
Legal expenses, personal and emotional distress and damage to reputation are not “substantial and irreparable harm” justifying interlocutory relief. Anderson v. Public Employes Retirement Board, 134 Or App 422, 895 P2d 1377 (1995), Sup Ct review denied
For contested and noncontested cases, claim that agency is proceeding without cause or that irreparable harm will result from nonfinal order must be resolved through injunctive process or other power of circuit court. Oregon Health Care Association v. Health Division, 329 Or 480, 992 P2d 434 (1999)
If agency proceeding is based on interpretation of agency rule, court evaluation of whether agency is proceeding without probable cause is subject to deference ordinarily given to plausible interpretation of rule by agency. Oregon Restaurant Services, Inc. v. Oregon State Lottery, 199 Or App 545, 112 P3d 398 (2005), Sup Ct review denied
Petitioner has standing to challenge review of agency order selling parcel of land where petitioner asserts injury to his use and enjoyment of formerly public land. Cascadia Wildlands v. Department of State Lands, 293 Or App 127, 427 P3d 1091 (2018), aff’d 365 Or 750, 452 P3d 938 (2019)
Administrative Procedures Act does not apply to declaratory judgment action challenging investigative subpoena served by city. Nyland v. City of Portland, 307 Or App 348, 477 P3d 442 (2020)
Law Review Citations
54 OLR 416-427 (1975)
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