Oregon Statutes 279C.350 – Exemption procedure; appeal
(1) Exemptions granted by the Director of the Oregon Department of Administrative Services under ORS § 279C.335 (2) or 279C.345 (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 (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 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.
Terms Used In Oregon Statutes 279C.350
- Contract: A legal written agreement that becomes binding when signed.
- 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.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(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 or 279C.345 in the manner provided in ORS § 183.400.
(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 or 279C.345 by a local contract review board. [2003 c.794 § 108; 2003 c.794 § 109; 2007 c.764 § 20]