ORS 183.410
Agency determination of applicability of rule or statute to petitioner

  • effect
  • judicial review

On petition of any interested person, any agency may in its discretion issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by it. A declaratory ruling is binding between the agency and the petitioner on the state of facts alleged, unless it is altered or set aside by a court. However, the agency may, where the ruling is adverse to the petitioner, review the ruling and alter it if requested by the petitioner. Binding rulings provided by this section are subject to review in the Court of Appeals in the manner provided in ORS 183.480 (Judicial review of agency orders) for the review of orders in contested cases. The Attorney General shall prescribe by rule the form for such petitions and the procedure for their submission, consideration and disposition. The petitioner shall have the right to submit briefs and present oral argument at any declaratory ruling proceeding held pursuant to this section. [1957 c.717 §7; 1971 c.734 §10; 1973 c.612 §5]

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)

183.310
Definitions for chapter
183.315
Application of provisions of chapter to certain agencies
183.325
Delegation of rulemaking authority to named officer or employee
183.330
Description of organization
183.332
Policy statement
183.333
Policy statement
183.335
Notice
183.336
Cost of compliance effect on small businesses
183.337
Procedure for agency adoption of federal rules
183.341
Model rules of procedure
183.355
Filing and taking effect of rules
183.360
Publication of rules and orders
183.365
Publication of administrative rules in electronic form
183.370
Distribution of published rules
183.390
Petitions requesting adoption of rules
183.400
Judicial determination of validity of rule
183.403
Agency report to Legislative Assembly regarding temporary rules
183.405
Agency review of rules
183.407
Small Business Rules Advisory Committee
183.410
Agency determination of applicability of rule or statute to petitioner
183.411
Delegation of final order authority
183.413
Notice to parties before hearing of rights and procedure
183.415
Notice of right to hearing
183.417
Procedure in contested case hearing
183.425
Depositions or subpoena of material witness
183.430
Hearing on refusal to renew license
183.435
Period allowed to request hearing for license refusal on grounds other than test or inspection results
183.440
Subpoenas in contested cases
183.445
Subpoena by agency or attorney of record of party when agency not subject to ORS 183.440
183.450
Evidence in contested cases
183.452
Representation of agencies at contested case hearings
183.453
Representation of Oregon Health Authority and Department of Human Services at contested case hearings
183.457
Representation of persons other than agencies participating in contested case hearings
183.458
Nonattorney and out-of-state attorney representation of parties in certain contested case hearings
183.459
Representation of home care worker by labor union representative
183.460
Examination of evidence by agency
183.462
Agency statement of ex parte communications
183.464
Proposed order by hearing officer
183.470
Orders in contested cases
183.471
Preservation of orders in electronic format
183.480
Judicial review of agency orders
183.482
Jurisdiction for review of contested cases
183.484
Jurisdiction for review of orders other than contested cases
183.485
Decision of court on review of contested case
183.486
Form and scope of decision of reviewing court
183.490
Agency may be compelled to act
183.497
Awarding costs and attorney fees when finding for petitioner
183.500
Appeals
183.502
Authority of agencies to use alternative means of dispute resolution
183.530
Housing cost impact statement required for certain proposed rules
183.534
Housing cost impact statement described
183.538
Effect of failure to prepare housing cost impact statement
183.540
Reduction of economic impact on small business
183.605
Office of Administrative Hearings
183.610
Chief administrative law judge
183.615
Administrative law judges
183.620
Contract administrative law judges
183.625
Assignment of administrative law judges
183.630
Model rules of procedure
183.635
Agencies required to use administrative law judges from Office of Administrative Hearings
183.640
Use of Office of Administrative Hearings by exempt agencies and by political subdivisions
183.645
Request for change of administrative law judge
183.650
Form of order
183.655
Fees
183.660
Office of Administrative Hearings Operating Account
183.665
Estimates of office expenses
183.670
Rules
183.675
Alternative dispute resolution
183.680
Standards and training program
183.685
Ex parte communications
183.690
Office of Administrative Hearings Oversight Committee
183.700
Permits subject to ORS 183.702
183.702
Statement of criteria and procedures for evaluating permit application
183.705
Extended term for renewed licenses
183.710
Definitions for ORS 183.710 to 183.730
183.715
Submission of adopted rule to Legislative Counsel required
183.720
Procedure for review of agency rule
183.722
Required agency response to Legislative Counsel determination
183.724
Designation of interim committees for purposes of considering rule reports
183.730
Review of rule by Oregon Sunshine Committee
183.745
Civil penalty procedures
183.750
State agency required to prepare public writings in readable form
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