Oregon Statutes 183.400 – Judicial determination of validity of rule
(1) The validity of any rule may be determined upon a petition by any person to the Court of Appeals in the manner provided for review of orders in contested cases. The court shall have jurisdiction to review the validity of the rule whether or not the petitioner has first requested the agency to pass upon the validity of the rule in question, but not when the petitioner is a party to an order or a contested case in which the validity of the rule may be determined by a court.
Terms Used In Oregon Statutes 183.400
- Agency: means any state board, commission, department, or division thereof, or officer authorized by law to make rules or to issue orders, except those in the legislative and judicial branches. See Oregon Statutes 183.310
- Contested case: means a proceeding before an agency:
(A) In which the individual legal rights, duties or privileges of specific parties are required by statute or Constitution to be determined only after an agency hearing at which such specific parties are entitled to appear and be heard;
(B) Where the agency has discretion to suspend or revoke a right or privilege of a person;
(C) For the suspension, revocation or refusal to renew or issue a license where the licensee or applicant for a license demands such hearing; or
(D) Where the agency by rule or order provides for hearings substantially of the character required by ORS § 183. See Oregon Statutes 183.310
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Order: includes any agency determination or decision issued in connection with a contested case proceeding. See Oregon Statutes 183.310
- Person: means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency. See Oregon Statutes 183.310
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Rule: means any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of any agency. See Oregon Statutes 183.310
(2) The validity of any applicable rule may also be determined by a court, upon review of an order in any manner provided by law or pursuant to ORS § 183.480 or upon enforcement of such rule or order in the manner provided by law.
(3) Judicial review of a rule shall be limited to an examination of:
(a) The rule under review;
(b) The statutory provisions authorizing the rule; and
(c) Copies of all documents necessary to demonstrate compliance with applicable rulemaking procedures.
(4) The court shall declare the rule invalid only if it finds that the rule:
(a) Violates constitutional provisions;
(b) Exceeds the statutory authority of the agency; or
(c) Was adopted without compliance with applicable rulemaking procedures.
(5) In the case of disputed allegations of irregularities in procedure which, if proved, would warrant reversal or remand, the Court of Appeals may refer the allegations to a master appointed by the court to take evidence and make findings of fact. The court’s review of the master’s findings of fact shall be de novo on the evidence.
(6) The court shall not declare a rule invalid solely because it was adopted without compliance with applicable rulemaking procedures after a period of two years after the date the rule was filed in the office of the Secretary of State, if the agency attempted to comply with those procedures and its failure to do so did not substantially prejudice the interests of the parties. [1957 c.717 § 6; 1971 c.734 § 9; 1975 c.759 § 9; 1979 c.593 § 17; 1987 c.861 § 3]