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Oregon Revised Statutes

Or. Rev. Stat. § 183.490 (2026)

Agency may be compelled to act

✓ current as of May 2026
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      183.490 Agency may be compelled to act. The court may, upon petition as described in ORS 183.484, compel an agency to act where it has unlawfully refused to act or make a decision or unreasonably delayed taking action or making a decision. [1957 c.717 §13; 1979 c.593 §28]

 

      183.495 [1975 c.759 §16a; repealed by 1985 c.757 §7]

Notes of Decisions
Cited in 52 cases (8 in the last 5 years), 1976–2026 · leading case: Mendieta v. State, Div. of State Lands, 941 P.2d 582 (Or. Ct. App. 1997).
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Mendieta v. State, Div. of State Lands, 941 P.2d 582 (Or. Ct. App. 1997). · cites it 46× “484, relating to orders other than contested cases, requiring DSL to comply with the 1983 policy revisions; and (3) for judicial review under ORS 183.490, relating to agency failure to take action, requiring DSL to do the same.”
Hayes Oyster Co. v. DEQ, 504 P.3d 15 (Or. Ct. App. 2021). · cites it 12× “Similarly, plaintiff knew or should have known of the TMDL and the alleged injury prior to May 2007, making plaintiff’s claim to compel agency action under ORS 183.490, filed in May 2017, untimely.”
Wyers v. Dressler, 601 P.2d 1268 (Or. Ct. App. 1979). · cites it 22× “The amended complaint alleged that it was filed "pursuant to ORS 183.490.” The plaintiffs sought a judgment " * * * ordering the Energy Facility Siting Council to schedule and to conduct a hearing for the purpose of suspending or revoking the site certificate of the Trojan…”
Bay River, Inc. v. Env't Quality Comm'n, 554 P.2d 620 (Or. Ct. App. 1976). · cites it 8× “480(3) which provides: "Except as provided in ORS 183.400, no action or suit shall be maintained as to the validity of any agency order except a final order as provided in this section and ORS 183.”
Douglas Cnty. v. Fish & Wildlife Comm'n, 525 P.3d 504 (Or. Ct. App. 2023). · cites it 16× “Petitioners also assert a separate claim under ORS 183.490, seeking a court order compelling the commission to fund and imple- ment a summer steelhead fish trapping program at the Rock Creek Hatchery.”
Ashland Drilling, Inc. v. Jackson Cnty., 4 P.3d 748 (Or. Ct. App. 2000). · cites it 10× “ORS 183.490 provides an administrative remedy for plaintiffs' action.”
Sky Lakes Med. Ctr. v. Dept. of Human Servs., 484 P.3d 1107 (Or. Ct. App. 2021). · cites it 7× “484 and for relief under ORS 183.490. ORS 183.484 provides for judicial review of agency orders not arising from a contested case and spec- ifies the grounds for the circuit court to affirm, reverse, or remand the order under review.”
Taylor v. Bd. of Parole, 115 P.3d 256 (Or. Ct. App. 2005). · cites it 5× “In his petition, petitioner cited ORS 183.490 and ORS 183.482. 1 He asserted that the “Board has failed to respond and the passage of time is unreasonable.”
Mongelli v. Oregon Life & Health Guar. Ass'n, 737 P.2d 633 (Or. Ct. App. 1987). · cites it 7× “She contends that the trial court’s dismissal of petitioners’ writ should be affirmed, because ORS 183.490 provides the exclusive remedy to compel the commissioner to act.”
Taylor v. Bd. of Parole, 115 P.3d 256 (Or. Ct. App. 2005). · cites it 5× “In his petition, petitioner cited ORS 183.490 and ORS 183.482. [1] He asserted that the "Board has failed to respond and the passage of time is unreasonable.”
Oregon Health Care Ass'n v. Health Div., 992 P.2d 434 (Or. 1999). · cites it 4× “484, ORS 183.490, and ORS 183.500. The second exception is a proceeding in which the party challenging the agency order makes a “showing that the agency is proceeding without probable cause.”
Klamath Irrigation Dist. v. Water Resources Dept., 518 P.3d 970 (Or. Ct. App. 2022). · cites it 4× “On plaintiff’s petition, the Marion County Circuit Court issued an order, purport- edly under ORS 183.490, directing OWRD “to take charge of Upper Klamath Lake for the purpose of dividing and distributing the water therefrom in accordance with the respective and relative rights…”
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