Gordon v. Teacher Standards and Practices Commission

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Administrative Law
  • Date Filed: 10-01-2014
  • Case #: A150754
  • Judge(s)/Court Below: Tookey, J. for the Court; Sercombe, P.J.; and Schuman, S.J.
  • Full Text Opinion

A plaintiff must exhaust all administrative remedies, including requesting an agency hearing, before objecting to the substance of an administrative order before the court.

Plaintiff appealed two orders entered by the Teacher Standards and Practices Commission (TSPC). The orders were entered on account of plaintiff serving in an administrative position with the Clackamas Educational School District for almost four years, despite not having an approved administrator license. TSPC wrote a letter to plaintiff charging her with gross neglect of duty, suspending her teaching license for one year, and advising her of her right to a hearing. After failing to timely request a hearing, the agency issued a default order of suspension of plaintiff’s license. The agency also issued an order on reconsideration, rejecting plaintiff’s request for a late hearing and for reconsideration of the default order. In regards to the first order, the Court held that since plaintiff had not requested an agency hearing, she had not exhausted her administrative remedies and therefore was precluded from objecting to the substance of that order before the Court. The Court then went on to vacate and remand the second order for additional agency explanation as to the reasons for the order, holding that the TSPC’s order as filed was inadequate to allow for judicial review. Affirmed as to the first order, vacated and remanded as to the second.

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