ORS 183.470
Orders in contested cases


In a contested case:

(1)

Every order adverse to a party to the proceeding shall be in writing or stated in the record and may be accompanied by an opinion.

(2)

A final order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the agency’s order.

(3)

The agency shall notify the parties to a proceeding of a final order by delivering or mailing a copy of the order and any accompanying findings and conclusions to each party or, if applicable, the party’s attorney of record.

(4)

Every final order shall include a citation of the statutes under which the order may be appealed. [1957 c.717 §11; 1971 c.734 §17; 1979 c.593 §22]

Source: Section 183.470 — Orders in contested cases, https://www.­oregonlegislature.­gov/bills_laws/ors/ors183.­html.

Notes of Decisions

Findings of fact by the agency were mere summaries of the evidence and, therefore, deficient. Graham v. Ore. Liquor Control Comm., 20 Or App 97, 530 P2d 858 (1975)

Agency’s order was insufficient for judicial review. Crumpton v. Dept. of Water Resources, 28 Or App 423, 559 P2d 927 (1977)

Board’s order was insufficient for review for failure to state: facts found to be true, principles of law controlling decision, and rational relationship between facts and conclusions. Reynolds School District v. Martin, 30 Or App 39, 566 P2d 196 (1977)

Fact that Commission’s final order lacked explanation of why petitioner’s license was revoked did not render order invalid, for choice by Commission of whether to revoke, suspend, etc., was neither “finding of fact” nor “conclusion of law” within meaning of this section. Mary’s Fine Food, Inc. v. OLCC, 30 Or App 435, 567 P2d 146 (1977), Sup Ct review denied

Order of Medical Examiners Board did not meet requirements of this section where it failed to state basic facts found to be true, did not set forth any recognizable ultimate facts or specify which of probation conditions was found to have been violated, and lacked explanation of principles and reasoning employed in reaching conclusion. Stalder v. Bd. of Medical Examiners, 37 Or App 853, 588 P2d 659 (1978)

Failure by a referee to make findings of fact under this section rendered order incomplete and therefore insufficient. Cascade Forest Products v. Accident Prevention Division, 60 Or App 255, 653 P2d 574 (1982)

Citation of statutes under which order may be appealed must include citation of statutes both for appeals to LUBA and for appeals to Court of Appeals. Kalmiopsis Audubon Soc. v. Division of State Lands, 66 Or App 810, 676 P2d 885 (1984)

Agency order which failed to demonstrate rational nexus between findings of fact and conclusions of law was reversed and remanded. Carr v. AFSD, 66 Or App 830, 676 P2d 359 (1984)

Employment Appeals Board’s failure to make findings of fact concerning petitioner’s contention that there were valid medical reasons for his tardiness rendered insufficient and incomplete its order affirming denial of unemployment compensation. Propst v. Employment Division, 72 Or App 275, 696 P2d 4 (1985)

Order denying hearing request is final order requiring findings of fact and conclusions of law. Hartwick v. AFSD, 73 Or App 104, 698 P2d 59 (1985)

Employment Appeals Board’s failure to make findings of fact concerning petitioner’s contention that he quit work because cumulative effect on him of harassment and work-related grievances made continued employment intolerable, rendered its findings incomplete and insufficient to support its order denying petitioner unemployment benefits. Hannah v. Employment Division, 83 Or App 104, 730 P2d 600 (1986)

Where property tax refund was intercepted by respondent to recover costs previously awarded in unemployment compensation proceeding and petitioner filed petition for review more than 60 days after original order but less than 60 days after amended order, amended order superseded and replaced original order so petition was timely. Callahan v. Employment Division, 97 Or App 234, 776 P2d 21 (1989)

Where Employment Appeals Board failed to make findings of fact as to which act of misconduct was reason for claimant’s termination, conclusion that claimant was discharged for isolated instance of poor judgment is not rationally connected to factual findings. Jackson County v. Employment Div., 99 Or App 719, 784 P2d 119 (1989)

Administrative proceeding can have issue preclusive effect in later proceeding if: issue is identical, was actually litigated and was essential to final administrative decision on merits; party sought to be precluded had full and fair opportunity to be heard and is same party or in privity with party to administrative proceeding; and proceeding was type to which court will give preclusive effect. Nelson v. Emerald People’s Utility District, 318 Or 99, 862 P2d 1293 (1993); Hickey v. Settlemier, 318 Or 196, 864 P2d 372 (1993)

“Final order” includes written findings of fact, conclusions of law, reasoning and result constituting final written expression of agency action regardless of how material is labeled. Brian v. Oregon Government Ethics Commission, 319 Or 151, 874 P2d 1294 (1994)

Facts determined in contested case order from emergency suspension hearing cannot be adopted via application of issue preclusion in subsequent license revocation hearing over accused’s request for new hearing. Miller v. Board of Psychologist Examiners, 289 Or App 34, 407 P3d 935 (2017)

COMPLETED CITATIONS: Butler v. Ins. Dept., 6 Or App 241, 487 P2d 103 (1971), Sup Ct review denied

Attorney General Opinions

Oregon’s Commission for Child Care not required to make “formal” findings concerning available child care information and referral services in communities when awarding grants, (1989) Vol 46, p 133

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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