Administrative Procedures Act

ORS 183.480
Judicial review of agency orders


(1)

Except as provided in ORS 183.417 (Procedure in contested case hearing) (3)(b), any person adversely affected or aggrieved by an order or any party to an agency proceeding is entitled to judicial review of a final order, whether such order is affirmative or negative in form. A petition for rehearing or reconsideration need not be filed as a condition of judicial review unless specifically otherwise provided by statute or agency rule.

(2)

Judicial review of final orders of agencies shall be solely as provided by ORS 183.482 (Jurisdiction for review of contested cases), 183.484 (Jurisdiction for review of orders other than contested cases), 183.490 (Agency may be compelled to act) and 183.500 (Appeals).

(3)

No action or suit shall be maintained as to the validity of any agency order except a final order as provided in this section and ORS 183.482 (Jurisdiction for review of contested cases), 183.484 (Jurisdiction for review of orders other than contested cases), 183.490 (Agency may be compelled to act) and 183.500 (Appeals) or except upon showing that the agency is proceeding without probable cause, or that the party will suffer substantial and irreparable harm if interlocutory relief is not granted.

(4)

Judicial review of orders issued pursuant to ORS 813.410 (Suspension upon receipt of police report on implied consent test) shall be as provided by ORS 813.410 (Suspension upon receipt of police report on implied consent test). [1957 c.717 §12; 1963 c.449 §1; 1971 c.734 §18; 1975 c.759 §14; 1979 c.593 §23; 1983 c.338 §901; 1985 c.757 §4; 1997 c.837 §5; 2007 c.288 §11]

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

Law Review Citations

54 OLR 416-427 (1975)

§§ 183.310 to 183.550

See annotations under ORS chapter 183.

Chapter 183

Notes of Decisions

A legislative delegation of power in terms as broad as those used in [former] ORS 471.295 (1) places upon the administrative agency a responsibility to establish standards by which the law is to be applied. Sun Ray Drive-in Dairy, Inc. v. Ore. Liquor Control Comm., 16 Or App 63, 517 P2d 289 (1973)

Administrative regulation providing that failure to perform responsibilities adequately was a ground for employee's dismissal. Palen v. State Bd. of Higher Educ., 18 Or App 442, 525 P2d 1047 (1974), Sup Ct review denied

Where it was determined that agency invalidly terminated substantive policy, trial court did not have authority to order agency to resume policy in absence of validly adopted agency rule. Burke v. Children's Services Division, 39 Or App 819, 593 P2d 1262 (1979), aff'd 288 Or 533, 607 P2d 141 (1980)

"Trending factors" published by the Department of Revenue and used to appraise property for purposes of property taxation are not "rules" within the meaning of this chapter. Borden Inc. v. Dept. of Rev., 286 Or 567, 595 P2d 1372 (1979)

Appellate court may review proceeding meeting definition of contested case whether or not proceeding was formal administrative hearing. Patton v. State Bd. of Higher Ed., 293 Or 363, 647 P2d 931 (1982)

Circuit court could not entertain action for declaratory judgment directed at PERS, because PERS is subject to APA, which provides exclusive method for review of its actions. FOPPO v. County of Marion, 93 Or App 93, 760 P2d 1353 (1988), Sup Ct review denied

Board of Education approval of textbook for use in state public schools was not "rule," but was "order in other than contested case," and jurisdiction for judicial review is in circuit court. Oregon Env. Council v. Oregon State Bd. of Ed., 307 Or 30, 761 P2d 1322 (1988)

Preponderance of evidence standard applies where initial license application is denied based on willful fraud. Sobel v. Board of Pharmacy, 130 Or App 374, 882 P2d 606 (1994), Sup Ct review denied

Completed Citations

Wright v. Bateson, 5 Or App 628, 485 P2d 641 (1971), Sup Ct review denied, cert. denied, 405 US 930 (1972)

Atty. Gen. Opinions

State Speed Control Board subject to Administrative Procedures Act, (1974) Vol 36, p 1024; proxy voting at board meeting, (1974) Vol 36, p 1064; student conduct proceedings as "contested cases," (1976) Vol 37, p 1461; rulemaking authority of Statewide Health Coordinating Council and of Certificate of Need Appeals Board, (1977) Vol 38, p 1229; Oregon Medical Insurance Pool is fundamentally private-sector body, under virtually total private control, created by state to fulfill public purpose and is not state agency or public body subject to Administrative Procedures Act (APA), (1989) Vol 46, p 155

Law Review Citations

51 OLR 245 (1971); 53 OLR 364, 365 (1974); 10 WLJ 373, 420 (1974); 13 WLJ 499, 517, 525, 537 (1977); 57 OLR 334 (1978); 22 WLR 355 (1986); 36 WLR 219 (2000)


Source

Last accessed
Jun. 26, 2021