Oregon Statutes 241.460 – Orders appealable when not unanimous; issues on appeal limited
(1) If the judgment or order made pursuant to ORS § 241.450 is concurred in by only two members of the commission, the accused may appeal to the circuit court of the county.
Terms Used In Oregon Statutes 241.460
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(2) The appeal shall be taken by serving upon the commission, within 30 days after the date of the entry of such judgment or order, a written notice of appeal, stating the grounds thereof, and demanding that a certified transcript of the record and of all papers on file in the office of the commission affecting or relating to such judgment or order be filed by the commission with the court. The commission shall, within 10 days after the filing of such notice, make, certify and file such transcript with the court.
(3) The circuit court shall thereupon proceed to hear and determine such appeal in a summary manner, and its decision shall be final. The hearing shall be confined to the determination of whether the judgment or order of removal, discharge, demotion or suspension, made by the commission, was or was not made for political or religious reasons, or because of reasons of age as described in ORS Chapter 659A, and was or was not made in good faith for cause. No appeal to such court shall be taken except upon such grounds. [Amended by 1959 c.689 § 10; 1977 c.770 § 9; 2001 c.621 § 74]
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