Oregon Revised Statutes

Or. Rev. Stat. § 242.804 (2026)

Appeal from finding of commission; issue on appeal limited

✓ current as of May 2026

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242.804 Appeal from finding of commission; issue on appeal limited. (1) Any decision of the commission affecting any permanent employee or employees subject to ORS 242.702 to 242.824 may be appealed to the circuit court of the county in which the office of the appointing power or the commission is located, and the court shall hear the appeal.

(2) The appeal, if taken by either an employee or by the appointing power, 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 hear and determine such appeal in a summary manner. The hearing shall be confined to the determination of whether the order of removal, discharge, demotion or suspension made by the commission was made in good faith for cause. No appeal to such court shall be heard except upon such grounds.

(4) If an appeal is taken the prevailing party shall be allowed costs and disbursements on appeal. [1959 c.252 §40; 1965 c.296 §1]

(Prohibited Conduct)

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1972–2025 · leading case: Lines v. City of Milwaukie, 515 P.2d 938 (Or. Ct. App. 1973).

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Lines v. City of Milwaukie, 515 P.2d 938 (Or. Ct. App. 1973). · cites it 18× “The hearing shall be confined to the determination of whether the order of removal, discharge, demotion or suspension made by the commission was made in good faith for cause.”

Hendrickson v. Civil Serv. Comm'n of Washington Cnty. Fire Dist. No. 1, 550 P.2d 432 (Or. 1976). · cites it 5× “”* 1 The ques *130 tion raised by this phraseology is, can "Any decision” of the Commission be appealed or only an "order of removal, discharge, demotion or suspension”? The majority of the Court of Appeals reasoned that ORS 242.804 could be made internally consistent by…”

Wied v. Marion Cnty., 552 P.2d 1294 (Or. 1976). · cites it 4× “This would be necessary in any event to find that the Marion County section "substantially accomplishes the general purposes” of ORS 242.804. Having identified the applicable statutory provision governing judicial review in this case, we must next decide whether it authorizes…”

Leanord v. Bd. of Directors of Jackson Cnty. Rural Fire Dist. No. 3, 692 P.2d 141 (Or. Ct. App. 1984). · cites it 4× ““h) The employee shall be entitled to appeal any decision of the Board of Directors made pursuant to this Article to the Circuit Court of the State of Oregon for Jackson County, and shall be afforded the same rights, duties and privileges and submit to the same jurisdiction of…”

Hendrickson v. Civil Serv. Comm'n, 544 P.2d 186 (Or. Ct. App. 1975). · cites it 9× “As further support for our interpretation of ORS 242.804, we note an illogical statutory progression in OES ch 242.”

Helberg v. Civil Serv. Comm'n, 498 P.2d 789 (Or. Ct. App. 1972). “804 in that an appeal from a determination of the civil service commission shall be determined by the court in a summary manner and shall be confined to the determination of whether the action of the commission was taken in good faith for cause.”

Lincoln v. Sweet Home Fire & Ambulance Dist. (D. Or. 2025). · cites it 3× “824” Plaintiff’s Eighth Claim alleges that Defendants prevent Plaintiff from receiving a civil service hearing as required under ORS 242.804 and improperly enacted rules which violated the charter ordinance or regulation of the civil service commission as required under ORS 242.”

Tanory v. Civil Serv. Comm'n of Multnomah Cnty. Rural Fire Prot. Dist. No. 10, 559 P.2d 523 (Or. Ct. App. 1977). · cites it 4× “From that decision, petitioner appealed to the circuit court pursuant to ORS 242.804. 3 On review of the record of proceedings before the Civil Service Commission, the circuit court found that petitioner’s dismissal "was not for any proven 'good cause’ and that the charged…”

Boles v. Washington Cnty. Fire Dist. No. 1, 708 P.2d 1198 (Or. Ct. App. 1985). · cites it 3× “” Plaintiff brought this proceeding in circuit court pursuant to ORS 242.804 to appeal his dismissal. The parties agree that the court had jurisdiction under ORS 242.”

Leanord v. Bd. of Directors, 759 P.2d 1098 (Or. Ct. App. 1988). · cites it 3× “Among the requirements that it had not met was the establishment of a civil service commission or other impartial hearing body, rather than its own board of directors, to review disciplinary actions and from which an appeal could be brought to the circuit court pursuant to ORS…”

— Or. Rev. Stat. § 242.804(1) — 5 cases

Leanord v. Bd. of Directors of Jackson Cnty. Rural Fire Dist. No. 3, 692 P.2d 141 (Or. Ct. App. 1984). ““h) The employee shall be entitled to appeal any decision of the Board of Directors made pursuant to this Article to the Circuit Court of the State of Oregon for Jackson County, and shall be afforded the same rights, duties and privileges and submit to the same jurisdiction of…”

Hendrickson v. Civil Serv. Comm'n of Washington Cnty. Fire Dist. No. 1, 550 P.2d 432 (Or. 1976). “”* 1 The ques *130 tion raised by this phraseology is, can "Any decision” of the Commission be appealed or only an "order of removal, discharge, demotion or suspension”? The majority of the Court of Appeals reasoned that ORS 242.804 could be made internally consistent by…”

Wied v. Marion Cnty., 552 P.2d 1294 (Or. 1976). “This would be necessary in any event to find that the Marion County section "substantially accomplishes the general purposes” of ORS 242.804. Having identified the applicable statutory provision governing judicial review in this case, we must next decide whether it authorizes…”

Lincoln v. Sweet Home Fire & Ambulance Dist. (D. Or. 2025). “824” Plaintiff’s Eighth Claim alleges that Defendants prevent Plaintiff from receiving a civil service hearing as required under ORS 242.804 and improperly enacted rules which violated the charter ordinance or regulation of the civil service commission as required under ORS 242.”

Hendrickson v. Civil Serv. Comm'n, 544 P.2d 186 (Or. Ct. App. 1975). “As further support for our interpretation of ORS 242.804, we note an illogical statutory progression in OES ch 242.”

— Or. Rev. Stat. § 242.804(1)(3) — 1 case

— Or. Rev. Stat. § 242.804(2) — 1 case

— Or. Rev. Stat. § 242.804(3) — 4 cases

Lines v. City of Milwaukie, 515 P.2d 938 (Or. Ct. App. 1973). “The hearing shall be confined to the determination of whether the order of removal, discharge, demotion or suspension made by the commission was made in good faith for cause.”

Hendrickson v. Civil Serv. Comm'n, 544 P.2d 186 (Or. Ct. App. 1975). “As further support for our interpretation of ORS 242.804, we note an illogical statutory progression in OES ch 242.”

Tanory v. Civil Serv. Comm'n of Multnomah Cnty. Rural Fire Prot. Dist. No. 10, 559 P.2d 523 (Or. Ct. App. 1977). “From that decision, petitioner appealed to the circuit court pursuant to ORS 242.804. 3 On review of the record of proceedings before the Civil Service Commission, the circuit court found that petitioner’s dismissal "was not for any proven 'good cause’ and that the charged…”

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