2017 ORS 279C.350¹
Exemption procedure
  • appeal

(1) Exemptions granted by the Director of the Oregon Department of Administrative Services under ORS 279C.335 (Competitive bidding) (2) or 279C.345 (Specifications for contracts) (2) constitute rulemaking and not contested cases under ORS chapter 183. However, an exemption granted with regard to a specific public improvement contract by the Director of the Oregon Department of Administrative Services, or an exemption granted by the Director of Transportation with regard to a specific public improvement contract or class of public improvement contracts described in ORS 279A.050 (Procurement authority) (3)(b), shall be granted by order. The order shall set forth findings supporting the decision to grant or deny the request for the exemption. The order is reviewable under ORS 183.484 (Jurisdiction for review of orders other than contested cases) and does not constitute a contested case order. Jurisdiction for review of the order is with the Circuit Court of Marion County. The court may award costs and attorney fees to the prevailing party.

(2) Any person except the contracting agency or anyone representing the contracting agency may bring a petition for a declaratory judgment to test the validity of any rule adopted by the Director of the Oregon Department of Administrative Services under ORS 279C.335 (Competitive bidding) or 279C.345 (Specifications for contracts) in the manner provided in ORS 183.400 (Judicial determination of validity of rule).

(3) Any person except the contracting agency or anyone representing the contracting agency may bring an action for writ of review under ORS chapter 34 to test the validity of an exemption granted under ORS 279C.335 (Competitive bidding) or 279C.345 (Specifications for contracts) by a local contract review board. [2003 c.794 §108; 2003 c.794 §109; 2007 c.764 §20]

Notes of Decisions

Under Former Similar Statute (Ors 279.019)

Person bringing ac­tion for writ of review “pursuant to ORS chapter 34” to test validity of exemp­tion granted pursuant to [former] ORS 279.015 is not re­quired to meet standing require­ment imposed by ORS 34.040 (When allowed). Associated Builders and Contractors, Inc. v. Tri-Met, 170 Or App 271, 12 P3d 62 (2000)

1 Legislative Counsel Committee, CHAPTER 279C—Public Improvements and Related Contracts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors279C.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 279C, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano279C.­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.