2017 ORS 183.315¹
Application of provisions of chapter to certain agencies

(1) The provisions of ORS 183.410 (Agency determination of applicability of rule or statute to petitioner), 183.415 (Notice of right to hearing), 183.417 (Procedure in contested case hearing), 183.425 (Depositions or subpoena of material witness), 183.440 (Subpoenas in contested cases), 183.450 (Evidence in contested cases), 183.452 (Representation of agencies at contested case hearings), 183.458 (Nonattorney and out-of-state attorney representation of parties in certain contested case hearings), 183.460 (Examination of evidence by agency), 183.470 (Orders in contested cases) and 183.480 (Judicial review of agency orders) do not apply to local government boundary commissions created pursuant to ORS 199.430 (Procedure for creating commissions by local resolution or petition), the Department of Revenue, State Accident Insurance Fund Corporation, Department of Consumer and Business Services with respect to its functions under ORS chapters 654 and 656, State Board of Parole and Post-Prison Supervision or Psychiatric Security Review Board with respect to its functions under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board).

(2) This chapter does not apply with respect to actions of the Governor authorized under ORS chapter 240 and ORS 396.125 (Governor as Commander in Chief) or actions of the Adjutant General authorized under ORS 396.160 (Adjutant General) (14).

(3) The provisions of ORS 183.410 (Agency determination of applicability of rule or statute to petitioner), 183.415 (Notice of right to hearing), 183.417 (Procedure in contested case hearing), 183.425 (Depositions or subpoena of material witness), 183.440 (Subpoenas in contested cases), 183.450 (Evidence in contested cases), 183.452 (Representation of agencies at contested case hearings), 183.458 (Nonattorney and out-of-state attorney representation of parties in certain contested case hearings) and 183.460 (Examination of evidence by agency) do not apply to the Employment Appeals Board or the Employment Department.

(4) The Employment Department shall be exempt from the provisions of this chapter to the extent that a formal finding of the United States Secretary of Labor is made that such provision conflicts with the terms of the federal law, acceptance of which by the state is a condition precedent to continued certification by the United States Secretary of Labor of the state’s law.

(5) The provisions of ORS 183.415 (Notice of right to hearing) to 183.430 (Hearing on refusal to renew license), 183.440 (Subpoenas in contested cases) to 183.460 (Examination of evidence by agency), 183.470 (Orders in contested cases) to 183.485 (Decision of court on review of contested case) and 183.490 (Agency may be compelled to act) to 183.500 (Appeals) do not apply to orders issued to persons who:

(a) Have been committed pursuant to ORS 137.124 (Commitment of defendant to Department of Corrections or county) to the custody of the Department of Corrections or are otherwise confined in a Department of Corrections facility; or

(b) Seek to visit an inmate confined in a Department of Corrections facility.

(6) ORS 183.410 (Agency determination of applicability of rule or statute to petitioner), 183.415 (Notice of right to hearing), 183.417 (Procedure in contested case hearing), 183.425 (Depositions or subpoena of material witness), 183.440 (Subpoenas in contested cases), 183.450 (Evidence in contested cases), 183.460 (Examination of evidence by agency), 183.470 (Orders in contested cases) and 183.482 (Jurisdiction for review of contested cases) (3) do not apply to the Public Utility Commission. Except as provided in ORS 774.180 (Intervention in agency proceedings affecting utility consumers), judicial review of an order issued by the commission in a contested case may be sought only by a party to the contested case.

(7) The provisions of this chapter do not apply to the suspension, cancellation or termination of an apprenticeship or training agreement under ORS 660.060 (Contents of agreement).

(8) The provisions of ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.497 (Awarding costs and attorney fees when finding for petitioner) do not apply to administrative proceedings conducted under rules adopted by the Secretary of State under ORS 246.190 (Help America Vote Act complaint procedures). [1971 c.734 §19; 1973 c.612 §3; 1973 c.621 §2; 1973 c.694 §1; 1975 c.759 §1; 1977 c.804 §45; 1979 c.593 §7; 1981 c.711 §16; 1987 c.320 §142; 1987 c.373 §21; 1989 c.90 §1; 1997 c.26 §1; 1999 c.448 §6; 1999 c.679 §1; 2003 c.64 §8; 2005 c.512 §30; 2005 c.638 §1; 2007 c.239 §8; 2007 c.288 §10; 2011 c.708 §24; 2017 c.312 §1; 2017 c.442 §23]

Note: The amendments to 183.315 (Application of provisions of chapter to certain agencies) by section 23, chapter 442, Oregon Laws 2017, become operative July 1, 2018. See section 36, chapter 442, Oregon Laws 2017. The text that is operative until July 1, 2018, including amendments by section 1, chapter 312, Oregon Laws 2017, is set forth for the user’s convenience.

183.315 (Application of provisions of chapter to certain agencies). (1) The provisions of ORS 183.410 (Agency determination of applicability of rule or statute to petitioner), 183.415 (Notice of right to hearing), 183.417 (Procedure in contested case hearing), 183.425 (Depositions or subpoena of material witness), 183.440 (Subpoenas in contested cases), 183.450 (Evidence in contested cases), 183.452 (Representation of agencies at contested case hearings), 183.458 (Nonattorney and out-of-state attorney representation of parties in certain contested case hearings), 183.460 (Examination of evidence by agency), 183.470 (Orders in contested cases) and 183.480 (Judicial review of agency orders) do not apply to local government boundary commissions created pursuant to ORS 199.430 (Procedure for creating commissions by local resolution or petition), the Department of Revenue, State Accident Insurance Fund Corporation, Department of Consumer and Business Services with respect to its functions under ORS chapters 654 and 656, State Board of Parole and Post-Prison Supervision, Psychiatric Security Review Board or Oregon Health Authority with respect to its functions under ORS 161.315 (Right of state to obtain mental examination of defendant) to 161.351 (Discharge by board).

(2) This chapter does not apply with respect to actions of the Governor authorized under ORS chapter 240 and ORS 396.125 (Governor as Commander in Chief) or actions of the Adjutant General authorized under ORS 396.160 (Adjutant General) (14).

(3) The provisions of ORS 183.410 (Agency determination of applicability of rule or statute to petitioner), 183.415 (Notice of right to hearing), 183.417 (Procedure in contested case hearing), 183.425 (Depositions or subpoena of material witness), 183.440 (Subpoenas in contested cases), 183.450 (Evidence in contested cases), 183.452 (Representation of agencies at contested case hearings), 183.458 (Nonattorney and out-of-state attorney representation of parties in certain contested case hearings) and 183.460 (Examination of evidence by agency) do not apply to the Employment Appeals Board or the Employment Department.

(4) The Employment Department shall be exempt from the provisions of this chapter to the extent that a formal finding of the United States Secretary of Labor is made that such provision conflicts with the terms of the federal law, acceptance of which by the state is a condition precedent to continued certification by the United States Secretary of Labor of the state’s law.

(5) The provisions of ORS 183.415 (Notice of right to hearing) to 183.430 (Hearing on refusal to renew license), 183.440 (Subpoenas in contested cases) to 183.460 (Examination of evidence by agency), 183.470 (Orders in contested cases) to 183.485 (Decision of court on review of contested case) and 183.490 (Agency may be compelled to act) to 183.500 (Appeals) do not apply to orders issued to persons who:

(a) Have been committed pursuant to ORS 137.124 (Commitment of defendant to Department of Corrections or county) to the custody of the Department of Corrections or are otherwise confined in a Department of Corrections facility; or

(b) Seek to visit an inmate confined in a Department of Corrections facility.

(6) ORS 183.410 (Agency determination of applicability of rule or statute to petitioner), 183.415 (Notice of right to hearing), 183.417 (Procedure in contested case hearing), 183.425 (Depositions or subpoena of material witness), 183.440 (Subpoenas in contested cases), 183.450 (Evidence in contested cases), 183.460 (Examination of evidence by agency), 183.470 (Orders in contested cases) and 183.482 (Jurisdiction for review of contested cases) (3) do not apply to the Public Utility Commission. Except as provided in ORS 774.180 (Intervention in agency proceedings affecting utility consumers), judicial review of an order issued by the commission in a contested case may be sought only by a party to the contested case.

(7) The provisions of this chapter do not apply to the suspension, cancellation or termination of an apprenticeship or training agreement under ORS 660.060 (Contents of agreement).

(8) The provisions of ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.497 (Awarding costs and attorney fees when finding for petitioner) do not apply to administrative proceedings conducted under rules adopted by the Secretary of State under ORS 246.190 (Help America Vote Act complaint procedures).

Notes of Decisions

Although Depart­ment of Correc­tions may grant inmates greater procedural rights than re­quired by statute, depart­ment could not grant right to judicial review not authorized by statute by specifying in rule that certain decisions be treated as order in contested case. Smith v. Dept. of Correc­tions, 105 Or App 61, 804 P2d 482 (1990)

ORS 163.105 (Sentencing options for aggravated murder) require­ment that parole pro­ceed­ing for per­son convicted of ag­gra­vat­ed mur­der be con­ducted in manner prescribed for contested case creates limited excep­tion to parole board’s exemp­tion from Administrative Procedures Act. Larsen v. Board of Parole and Post-Prison Supervision, 206 Or App 353, 138 P3d 16 (2006)

Law Review Cita­tions

53 OLR 67 (1973)

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)

1 Legislative Counsel Committee, CHAPTER 183—Administrative Procedures Act; Review of Rules; Civil Penalties, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors183.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 183, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano183.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.