Form of order
- modification of form of order by agency
- finding of historical fact
Source:
Section 183.650 — Form of order; modification of form of order by agency; finding of historical fact, https://www.oregonlegislature.gov/bills_laws/ors/ors183.html.
Notes of Decisions
Petitioner asking appellate court to engage in de novo review must: 1) separately identify each challenged finding of historical fact in final agency order; 2) identify finding of historical fact by administrative law judge in proposed order that was modified by agency finding; and 3) explain why finding as modified by agency is contrary to preponderance of evidence. Corcoran v. Board of Nursing, 197 Or App 517, 107 P3d 627 (2005)
Independent findings of fact on judicial review are not limited to choosing between conflicting findings of fact contained in proposed and final order. Corcoran v. Board of Nursing, 197 Or App 517, 107 P3d 627 (2005)
Where petitioner sought review of administrative law judge’s finding about decision of Board of Licensed Professional Counselors and Therapists to suspend petitioner’s professional counseling license, court is required to make independent finding of disputed fact by conducting de novo review of record and petitioner must identify evidence in record that is contrary to Board’s finding for each finding of fact petitioner disputes. Weldon v. Board of Licensed Professional Counselors and Therapists, 266 Or App 52, 337 P3d 911 (2014), Sup Ct review denied
Up to date