2015 ORS 183.700¹
Permits subject to ORS 183.702

(1) As used in this section and ORS 183.702 (Statement of criteria and procedures for evaluating permit application), "permit" means an individual and particularized license, permit, certificate, approval, registration or similar form of permission required by law to pursue any activity specified in this section, for which an agency must weigh information, make specific findings and make determinations on a case-by-case basis for each applicant.

(2) The requirements of this section and ORS 183.702 (Statement of criteria and procedures for evaluating permit application) apply to the following permits granted by:

(a) The Department of Environmental Quality under ORS 448.415 (Certification required for operators), 454.655 (Permit required for construction), 454.695 (License required to perform sewage disposal services), 454.790 (Permit or license required to collect, store, transport, treat, recycle or dispose of septage), 454.800 (Land application of septage), 459.205 (Permit required), 465.315 (Standards for degree of cleanup required), 465.325 (Agreement to perform removal or remedial action), 466.140 (Review of applications), 466.145 (Review of treatment applications), 466.706 (Definitions for ORS 466.706 to 466.882 and 466.994) to 466.882 (Rules), 468A.040 (Permits), 468A.310 (Federal operating permit program approval), 468B.035 (Implementation of Federal Water Pollution Control Act), 468B.040 (Certification of hydroelectric power project), 468B.045 (Certification of change to hydroelectric power project), 468B.050 (Water quality permit) and 468B.095 (Use of sludge on agricultural, horticultural or silvicultural land).

(b) The Department of State Lands under ORS 196.800 (Definitions for ORS 196.600 to 196.905) to 196.900 (Schedule of civil penalties) and 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement).

(c) The Water Resources Department under ORS chapters 537 and 540, except those permits issued under ORS 537.747 (Water well constructor's license) to 537.765 (Log of constructing, altering, abandoning or converting well).

(d) The State Department of Agriculture pursuant to ORS 468B.200 (Legislative findings) to 468B.230 (Department of Agriculture civil penalty authority) and 622.250 (Application for new plats).

(e) The State Department of Fish and Wildlife pursuant to ORS 497.142 (Fur-bearer trapping or hunting license and tag), 497.218 (Fur dealer license), 497.228 (Wildlife propagation license), 497.238 (Taxidermy license), 497.248 (Private hunting preserve license), 497.252 (Fish propagation license), 497.298 (Scientific taking permit), 497.308 (Wildlife holding and habitat removal permits), 498.019 (Purchase, sale or exchange of hides, antlers and other parts of deer, elk and antelope), 498.279 (Black bass and walleye angling contests), 508.106 (Permit to take carp or other nongame fish), 508.300 (Albacore tuna landing license in lieu of other licenses), 508.760 (Sea urchin limited participation), 508.775 (Vessel permit required to engage in fishery), 508.801 (Vessel permit required to engage in fishery), 508.840 (Vessel permit required to engage in fishery), 508.880 (Vessel permit required to engage in fishery), 508.926 (Vessel permit required to engage in fishery) and 509.140 (Placing explosives or harmful substances in waters in course of lawful work).

(f) The Department of Transportation pursuant to ORS 374.312 (Rules regarding permits for approach roads). [Formerly 183.560]

Note: 183.700 (Permits subject to ORS 183.702) and 183.702 (Statement of criteria and procedures for evaluating permit application) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 183 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

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; Legislative Review of Rules; Civil Penalties, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors183.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 183, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano183.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.