183.310
Definitions for chapter.
As used in this chapter:
(1) “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.
(2)(a) “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 183.415, 183.417, 183.425, 183.450, 183.460 and 183.470.
(b) “Contested
case” does not include proceedings in which an agency decision rests solely on
the result of a test.
(3) “Economic
effect” means the economic impact on affected businesses by and the costs of
compliance, if any, with a rule for businesses, including but not limited to
the costs of equipment, supplies, labor and administration.
(4) “Hearing
officer” includes an administrative law judge.
(5) “License”
includes the whole or part of any agency permit, certificate, approval,
registration or similar form of permission required by law to pursue any
commercial activity, trade, occupation or profession.
(6)(a) “Order”
means any agency action expressed orally or in writing directed to a named
person or named persons, other than employees, officers or members of an
agency. “Order” includes any agency determination or decision issued in
connection with a contested case proceeding. “Order” includes:
(A) Agency action
under ORS chapter 657 making determination for purposes of unemployment
compensation of employees of the state;
(B) Agency action
under ORS chapter 240 which grants, denies, modifies, suspends or revokes any
right or privilege of an employee of the state; and
(C) Agency action
under ORS 468B.050 to issue a permit.
(b) “Final order”
means final agency action expressed in writing. “Final order” does not include
any tentative or preliminary agency declaration or statement that:
(A) Precedes
final agency action; or
(B) Does not
preclude further agency consideration of the subject matter of the statement or
declaration.
(7) “Party”
means:
(a) Each person
or agency entitled as of right to a hearing before the agency;
(b) Each person
or agency named by the agency to be a party; or
(c) Any person
requesting to participate before the agency as a party or in a limited party
status which the agency determines either has an interest in the outcome of the
agency’s proceeding or represents a public interest in such result. The agency’s
determination is subject to judicial review in the manner provided by ORS
183.482 after the agency has issued its final order in the proceedings.
(8) “Person”
means any individual, partnership, corporation, association, governmental
subdivision or public or private organization of any character other than an
agency.
(9) “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. The term
includes the amendment or repeal of a prior rule, but does not include:
(a) Unless a
hearing is required by statute, internal management directives, regulations or
statements which do not substantially affect the interests of the public:
(A) Between
agencies, or their officers or their employees; or
(B) Within an
agency, between its officers or between employees.
(b) Action by
agencies directed to other agencies or other units of government which do not
substantially affect the interests of the public.
(c) Declaratory
rulings issued pursuant to ORS 183.410 or 305.105.
(d) Intra-agency
memoranda.
(e) Executive
orders of the Governor.
(f) Rules of
conduct for persons committed to the physical and legal custody of the
Department of Corrections, the violation of which will not result in:
(A) Placement in
segregation or isolation status in excess of seven days.
(B) Institutional
transfer or other transfer to secure confinement status for disciplinary
reasons.
(C) Disciplinary
procedures adopted pursuant to ORS 421.180.
(10)(a) “Small
business” means a corporation, partnership, sole proprietorship or other legal
entity formed for the purpose of making a profit, which is independently owned
and operated from all other businesses and which has 50 or fewer employees.
(b) “Small
business” does not include a coordinated care organization as defined in ORS
414.025. [1957 c.717 §1; 1965 c.285 §78a; 1967 c.419 §32; 1969 c.80 §37a; 1971
c.734 §1; 1973 c.386 §4; 1973 c.621 §1a; 1977 c.374 §1; 1977 c.798 §1; 1979
c.593 §6; 1981 c.755 §1; 1987 c.320 §141; 1987 c.861 §1; 2003 c.75 §71; 2005
c.523 §8; 2007 c.288 §9; 2019 c.529 §4]
Notes of Decisions
Oregon Env't Council v. Oregon State Bd. of Educ., 761 P.2d 1322 (Or. 1988).
· cites it 44× “THE AGENCY DECISION WAS NOT A RULE ORS 183.310 to 183.550, commonly called the Administrative Procedures Act (APA), defines rules and orders in part by the breadth of their respective applications.”
Smith v. Two Rivers Corr. Inst., 312 P.3d 568 (Or. Ct. App. 2013).
· cites it 23× “As we explained in Smith, ORS 183.310(6)(a) defines “order,” in part, as an “agency action *** directed to a named person or named persons [.”
Wheaton v. Kulongoski, 147 P.3d 1163 (Or. Ct. App. 2006).
· cites it 24× “ORS 183.310(2)(a) defines a "[c]ontested case" to include "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…”
Application of Portland Gen. Elec. Co., 561 P.2d 154 (Or. 1977).
· cites it 12× “[3] The requirement applies most obviously to the typical case when the party seeking judicial review is the one whose license or other "individual legal rights, duties, or privileges" are the occasion of the contested case, ORS 183.310, and to procedural or evidentiary *161…”
Harris v. Bd. of Parole, 614 P.2d 602 (Or. Ct. App. 1980).
· cites it 16× “Furthermore, prior to the enactment of chapter 694, and thereafter until 1979 (Oregon Laws 1979, chapter 593, section 6), the Administrative Procedures Act, ORS 183.310(4), only defined "order" as "any agency action * * * directed to a named person or named persons, other than…”
Pete's Mountain Homeowners Ass'n v. Oregon Water Resources Dep't, 238 P.3d 395 (Or. Ct. App. 2010).
· cites it 10× “560 (1983), repealed by Or Laws 1985, ch 673, § 185, which provided that “[a]ny person, public corporation or state agency aggrieved by any order, rule or regulation of the Water Policy Review Board * * * may appeal from the same to the circuit court of the county in which the…”
Oregon Bus. Plan. Council v. Dep't of Land Conservation & Dev., 626 P.2d 350 (Or. 1981).
· cites it 12× “LCDC "acknowledgment proceedings” are not "contested cases” within the requirements of ORS 183.310(2) and 183.482. It is contended by most of the parties to these consolidated cases other than LCDC that LCDC "acknowledgment proceedings” are "contested cases” for the purposes of…”
Don't Waste Oregon Comm. v. Energy Facility Siting Council, 881 P.2d 119 (Or. 1994).
· cites it 6× “ORS 183.310, a part of the APA, defines "order" and "rule": "(5)(a) `Order' means any agency action expressed orally or in writing directed to a named person or named persons, other than employees, officers or members of an agency.”
Megdal v. Oregon State Bd. of Dental Examiners, 605 P.2d 273 (Or. 1980).
· cites it 6× “ORS 183.310(2)(a)(A). Irrespective of due process, subsection (2)(a)(C) requires these procedures in any proceeding for the "suspension, revocation or refusal to renew or issue a license .”
Utsey v. Coos Cnty., 32 P.3d 933 (Or. Ct. App. 2001).
· cites it 6× “[4] See ORS 183.310 to ORS 183.550. [5] See ORS 28.”
League of Oregon Cities v. State, 56 P.3d 892 (Or. 2002).
· cites it 4× “The second category of appealable conduct in subsection (1) includes any "order" or "rule," two kinds of legal action that the legislature has exposed to judicial review under the Administrative Procedures Act (APA), ORS 183.310 to 183.550. See ORS 183.400 (providing for…”
Trebesch v. Emp. Div., 710 P.2d 136 (Or. 1985).
· cites it 5× “Rather, the answer is a matter of statutory interpretation, the relevant statutes being those regulating the particular agency whose action is challenged.”
— Or. Rev. Stat. § 183.310(1) — 52 cases
Trebesch v. Emp. Div., 710 P.2d 136 (Or. 1985).
“Rather, the answer is a matter of statutory interpretation, the relevant statutes being those regulating the particular agency whose action is challenged.”
— Or. Rev. Stat. § 183.310(10) — 2 cases
— Or. Rev. Stat. § 183.310(10)(a) — 1 case
— Or. Rev. Stat. § 183.310(2) — 35 cases
Application of Portland Gen. Elec. Co., 561 P.2d 154 (Or. 1977).
“[3] The requirement applies most obviously to the typical case when the party seeking judicial review is the one whose license or other "individual legal rights, duties, or privileges" are the occasion of the contested case, ORS 183.310, and to procedural or evidentiary *161…”
Oregon Bus. Plan. Council v. Dep't of Land Conservation & Dev., 626 P.2d 350 (Or. 1981).
“LCDC "acknowledgment proceedings” are not "contested cases” within the requirements of ORS 183.310(2) and 183.482. It is contended by most of the parties to these consolidated cases other than LCDC that LCDC "acknowledgment proceedings” are "contested cases” for the purposes of…”
Oregon Env't Council v. Oregon State Bd. of Educ., 761 P.2d 1322 (Or. 1988).
“THE AGENCY DECISION WAS NOT A RULE ORS 183.310 to 183.550, commonly called the Administrative Procedures Act (APA), defines rules and orders in part by the breadth of their respective applications.”
— Or. Rev. Stat. § 183.310(2)(a) — 36 cases
Oregon Env't Council v. Oregon State Bd. of Educ., 761 P.2d 1322 (Or. 1988).
“THE AGENCY DECISION WAS NOT A RULE ORS 183.310 to 183.550, commonly called the Administrative Procedures Act (APA), defines rules and orders in part by the breadth of their respective applications.”
Oregon Bus. Plan. Council v. Dep't of Land Conservation & Dev., 626 P.2d 350 (Or. 1981).
“LCDC "acknowledgment proceedings” are not "contested cases” within the requirements of ORS 183.310(2) and 183.482. It is contended by most of the parties to these consolidated cases other than LCDC that LCDC "acknowledgment proceedings” are "contested cases” for the purposes of…”
Wheaton v. Kulongoski, 147 P.3d 1163 (Or. Ct. App. 2006).
“ORS 183.310(2)(a) defines a "[c]ontested case" to include "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…”
— Or. Rev. Stat. § 183.310(2)(a)(A) — 23 cases
Wheaton v. Kulongoski, 147 P.3d 1163 (Or. Ct. App. 2006).
“ORS 183.310(2)(a) defines a "[c]ontested case" to include "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…”
Megdal v. Oregon State Bd. of Dental Examiners, 605 P.2d 273 (Or. 1980).
“ORS 183.310(2)(a)(A). Irrespective of due process, subsection (2)(a)(C) requires these procedures in any proceeding for the "suspension, revocation or refusal to renew or issue a license .”
Oregon Env't Council v. Oregon State Bd. of Educ., 761 P.2d 1322 (Or. 1988).
“THE AGENCY DECISION WAS NOT A RULE ORS 183.310 to 183.550, commonly called the Administrative Procedures Act (APA), defines rules and orders in part by the breadth of their respective applications.”
Oregon Bus. Plan. Council v. Dep't of Land Conservation & Dev., 626 P.2d 350 (Or. 1981).
“LCDC "acknowledgment proceedings” are not "contested cases” within the requirements of ORS 183.310(2) and 183.482. It is contended by most of the parties to these consolidated cases other than LCDC that LCDC "acknowledgment proceedings” are "contested cases” for the purposes of…”
— Or. Rev. Stat. § 183.310(2)(a)(B) — 10 cases
— Or. Rev. Stat. § 183.310(2)(a)(C) — 6 cases
Oregon Env't Council v. Oregon State Bd. of Educ., 761 P.2d 1322 (Or. 1988).
“THE AGENCY DECISION WAS NOT A RULE ORS 183.310 to 183.550, commonly called the Administrative Procedures Act (APA), defines rules and orders in part by the breadth of their respective applications.”
— Or. Rev. Stat. § 183.310(2)(a)(D) — 9 cases
Oregon Env't Council v. Oregon State Bd. of Educ., 761 P.2d 1322 (Or. 1988).
“THE AGENCY DECISION WAS NOT A RULE ORS 183.310 to 183.550, commonly called the Administrative Procedures Act (APA), defines rules and orders in part by the breadth of their respective applications.”
— Or. Rev. Stat. § 183.310(2)(b) — 3 cases
— Or. Rev. Stat. § 183.310(2)(c) — 3 cases
Megdal v. Oregon State Bd. of Dental Examiners, 605 P.2d 273 (Or. 1980).
“ORS 183.310(2)(a)(A). Irrespective of due process, subsection (2)(a)(C) requires these procedures in any proceeding for the "suspension, revocation or refusal to renew or issue a license .”
— Or. Rev. Stat. § 183.310(2)(d) — 1 case
— Or. Rev. Stat. § 183.310(3) — 3 cases
— Or. Rev. Stat. § 183.310(3)(c) — 1 case
— Or. Rev. Stat. § 183.310(4) — 17 cases
Harris v. Bd. of Parole, 614 P.2d 602 (Or. Ct. App. 1980).
“Furthermore, prior to the enactment of chapter 694, and thereafter until 1979 (Oregon Laws 1979, chapter 593, section 6), the Administrative Procedures Act, ORS 183.310(4), only defined "order" as "any agency action * * * directed to a named person or named persons, other than…”
Oregon Env't Council v. Oregon State Bd. of Educ., 761 P.2d 1322 (Or. 1988).
“THE AGENCY DECISION WAS NOT A RULE ORS 183.310 to 183.550, commonly called the Administrative Procedures Act (APA), defines rules and orders in part by the breadth of their respective applications.”
— Or. Rev. Stat. § 183.310(4)(a) — 3 cases
Harris v. Bd. of Parole, 614 P.2d 602 (Or. Ct. App. 1980).
“Furthermore, prior to the enactment of chapter 694, and thereafter until 1979 (Oregon Laws 1979, chapter 593, section 6), the Administrative Procedures Act, ORS 183.310(4), only defined "order" as "any agency action * * * directed to a named person or named persons, other than…”
— Or. Rev. Stat. § 183.310(4)(b) — 3 cases
Harris v. Bd. of Parole, 614 P.2d 602 (Or. Ct. App. 1980).
“Furthermore, prior to the enactment of chapter 694, and thereafter until 1979 (Oregon Laws 1979, chapter 593, section 6), the Administrative Procedures Act, ORS 183.310(4), only defined "order" as "any agency action * * * directed to a named person or named persons, other than…”
— Or. Rev. Stat. § 183.310(5) — 24 cases
Don't Waste Oregon Comm. v. Energy Facility Siting Council, 881 P.2d 119 (Or. 1994).
“ORS 183.310, a part of the APA, defines "order" and "rule": "(5)(a) `Order' means any agency action expressed orally or in writing directed to a named person or named persons, other than employees, officers or members of an agency.”
Application of Portland Gen. Elec. Co., 561 P.2d 154 (Or. 1977).
“[3] The requirement applies most obviously to the typical case when the party seeking judicial review is the one whose license or other "individual legal rights, duties, or privileges" are the occasion of the contested case, ORS 183.310, and to procedural or evidentiary *161…”
Oregon Env't Council v. Oregon State Bd. of Educ., 761 P.2d 1322 (Or. 1988).
“THE AGENCY DECISION WAS NOT A RULE ORS 183.310 to 183.550, commonly called the Administrative Procedures Act (APA), defines rules and orders in part by the breadth of their respective applications.”
— Or. Rev. Stat. § 183.310(5)(a) — 18 cases
Wheaton v. Kulongoski, 147 P.3d 1163 (Or. Ct. App. 2006).
“ORS 183.310(2)(a) defines a "[c]ontested case" to include "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…”
Trebesch v. Emp. Div., 710 P.2d 136 (Or. 1985).
“Rather, the answer is a matter of statutory interpretation, the relevant statutes being those regulating the particular agency whose action is challenged.”
— Or. Rev. Stat. § 183.310(5)(b) — 27 cases
— Or. Rev. Stat. § 183.310(5)(c) — 1 case
— Or. Rev. Stat. § 183.310(6) — 16 cases
Oregon Env't Council v. Oregon State Bd. of Educ., 761 P.2d 1322 (Or. 1988).
“THE AGENCY DECISION WAS NOT A RULE ORS 183.310 to 183.550, commonly called the Administrative Procedures Act (APA), defines rules and orders in part by the breadth of their respective applications.”
— Or. Rev. Stat. § 183.310(6)(a) — 17 cases
Wheaton v. Kulongoski, 147 P.3d 1163 (Or. Ct. App. 2006).
“ORS 183.310(2)(a) defines a "[c]ontested case" to include "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…”
Oregon Env't Council v. Oregon State Bd. of Educ., 761 P.2d 1322 (Or. 1988).
“THE AGENCY DECISION WAS NOT A RULE ORS 183.310 to 183.550, commonly called the Administrative Procedures Act (APA), defines rules and orders in part by the breadth of their respective applications.”
— Or. Rev. Stat. § 183.310(6)(b) — 32 cases
Wheaton v. Kulongoski, 147 P.3d 1163 (Or. Ct. App. 2006).
“ORS 183.310(2)(a) defines a "[c]ontested case" to include "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…”
— Or. Rev. Stat. § 183.310(6)(b)(A) — 4 cases
Wheaton v. Kulongoski, 147 P.3d 1163 (Or. Ct. App. 2006).
“ORS 183.310(2)(a) defines a "[c]ontested case" to include "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…”
— Or. Rev. Stat. § 183.310(6)(b)(B) — 2 cases
— Or. Rev. Stat. § 183.310(6)(c) — 3 cases
Utsey v. Coos Cnty., 32 P.3d 933 (Or. Ct. App. 2001).
“[4] See ORS 183.310 to ORS 183.550. [5] See ORS 28.”
— Or. Rev. Stat. § 183.310(7) — 23 cases
Application of Portland Gen. Elec. Co., 561 P.2d 154 (Or. 1977).
“[3] The requirement applies most obviously to the typical case when the party seeking judicial review is the one whose license or other "individual legal rights, duties, or privileges" are the occasion of the contested case, ORS 183.310, and to procedural or evidentiary *161…”
Pete's Mountain Homeowners Ass'n v. Oregon Water Resources Dep't, 238 P.3d 395 (Or. Ct. App. 2010).
“560 (1983), repealed by Or Laws 1985, ch 673, § 185, which provided that “[a]ny person, public corporation or state agency aggrieved by any order, rule or regulation of the Water Policy Review Board * * * may appeal from the same to the circuit court of the county in which the…”
Megdal v. Oregon State Bd. of Dental Examiners, 605 P.2d 273 (Or. 1980).
“ORS 183.310(2)(a)(A). Irrespective of due process, subsection (2)(a)(C) requires these procedures in any proceeding for the "suspension, revocation or refusal to renew or issue a license .”
Oregon Bus. Plan. Council v. Dep't of Land Conservation & Dev., 626 P.2d 350 (Or. 1981).
“LCDC "acknowledgment proceedings” are not "contested cases” within the requirements of ORS 183.310(2) and 183.482. It is contended by most of the parties to these consolidated cases other than LCDC that LCDC "acknowledgment proceedings” are "contested cases” for the purposes of…”
— Or. Rev. Stat. § 183.310(7)(a) — 10 cases
Pete's Mountain Homeowners Ass'n v. Oregon Water Resources Dep't, 238 P.3d 395 (Or. Ct. App. 2010).
“560 (1983), repealed by Or Laws 1985, ch 673, § 185, which provided that “[a]ny person, public corporation or state agency aggrieved by any order, rule or regulation of the Water Policy Review Board * * * may appeal from the same to the circuit court of the county in which the…”
— Or. Rev. Stat. § 183.310(7)(b) — 1 case
Pete's Mountain Homeowners Ass'n v. Oregon Water Resources Dep't, 238 P.3d 395 (Or. Ct. App. 2010).
“560 (1983), repealed by Or Laws 1985, ch 673, § 185, which provided that “[a]ny person, public corporation or state agency aggrieved by any order, rule or regulation of the Water Policy Review Board * * * may appeal from the same to the circuit court of the county in which the…”
— Or. Rev. Stat. § 183.310(7)(c) — 3 cases
Pete's Mountain Homeowners Ass'n v. Oregon Water Resources Dep't, 238 P.3d 395 (Or. Ct. App. 2010).
“560 (1983), repealed by Or Laws 1985, ch 673, § 185, which provided that “[a]ny person, public corporation or state agency aggrieved by any order, rule or regulation of the Water Policy Review Board * * * may appeal from the same to the circuit court of the county in which the…”
— Or. Rev. Stat. § 183.310(7Xa) — 1 case
— Or. Rev. Stat. § 183.310(8) — 40 cases
Don't Waste Oregon Comm. v. Energy Facility Siting Council, 881 P.2d 119 (Or. 1994).
“ORS 183.310, a part of the APA, defines "order" and "rule": "(5)(a) `Order' means any agency action expressed orally or in writing directed to a named person or named persons, other than employees, officers or members of an agency.”
League of Oregon Cities v. State, 56 P.3d 892 (Or. 2002).
“The second category of appealable conduct in subsection (1) includes any "order" or "rule," two kinds of legal action that the legislature has exposed to judicial review under the Administrative Procedures Act (APA), ORS 183.310 to 183.550. See ORS 183.400 (providing for…”
Trebesch v. Emp. Div., 710 P.2d 136 (Or. 1985).
“Rather, the answer is a matter of statutory interpretation, the relevant statutes being those regulating the particular agency whose action is challenged.”
— Or. Rev. Stat. § 183.310(8)(a) — 3 cases
— Or. Rev. Stat. § 183.310(8)(a)(B) — 1 case
— Or. Rev. Stat. § 183.310(8)(c) — 1 case
— Or. Rev. Stat. § 183.310(8)(f) — 1 case
— Or. Rev. Stat. § 183.310(9) — 40 cases
Smith v. Two Rivers Corr. Inst., 312 P.3d 568 (Or. Ct. App. 2013).
“As we explained in Smith, ORS 183.310(6)(a) defines “order,” in part, as an “agency action *** directed to a named person or named persons [.”
— Or. Rev. Stat. § 183.310(9)(a) — 8 cases
— Or. Rev. Stat. § 183.310(9)(b) — 1 case
— Or. Rev. Stat. § 183.310(9)(c) — 2 cases
— Or. Rev. Stat. § 183.310(9)(d) — 3 cases
— Or. Rev. Stat. § 183.310(9)(e) — 2 cases
— Or. Rev. Stat. § 183.310(9)(f) — 4 cases
Smith v. Two Rivers Corr. Inst., 312 P.3d 568 (Or. Ct. App. 2013).
“As we explained in Smith, ORS 183.310(6)(a) defines “order,” in part, as an “agency action *** directed to a named person or named persons [.”
— Or. Rev. Stat. § 183.310(9)(f)(C) — 1 case
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