409.050 Rules. (1) Pursuant to ORS chapter 183,
the Director of Human Services may adopt such administrative rules as the
director considers necessary to carry out the functions of the Department of
Human Services.
(2)
Notwithstanding any other provision of law, the director by order may delegate
authority under subsection (1) of this section to such extent as the director
considers proper to assistant directors of the department. [Formerly 184.787;
2005 c.22 §271]
Notes of Decisions
Homestyle Direct, LLC v. Dep't of Human Servs., 263 P.3d 1118 (Or. Ct. App. 2011).
“ORS 409.050. The APA defines a rule as “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.”
Stella v. Dept. of Human Servs., 580 P.3d 899 (Or. Ct. App. 2025).
“ORS 409.050 grants the Director of Human Services or their delegates the power to adopt necessary rules to carry out the functions of ODHS.”
Wyatt B. v. Kotek, No. 6:19-cv-00556 (D. Or. Aug. 17, 2022).
“(citing ORS 409.050 and ORS 418.005). “Once removed, the child enters state custody and is assigned a permanency caseworker to manage and monitor the case,” and “the child may be placed back in the home with a period or caseworker monitoring, though most are placed with foster…”
Stella v. Dept. of Human Servs., 580 P.3d 899 (Or. Ct. App. 2025).
“ORS 409.050 grants the Director of Human Services or their delegates the power to adopt necessary rules to carry out the functions of ODHS.”
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