Salibello v. Board of Optometry

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Administrative Law
  • Date Filed: 02-03-2016
  • Case #: A157157
  • Judge(s)/Court Below: Flynn, J. for the Court; Duncan, P.J.; & Lagesen, J.
  • Full Text Opinion

If the Oregon Administrative Procedure Act provides an adequate and exclusive remedy for an individual, then there is no remedy available in a trial court under the Uniform Declaratory Judgments Act.

The Oregon Board of Optometry (Board) appealed a declaratory judgment from the trial court which ordered the Board to provide Plaintiff (Salibello) a copy of the complaint filed against Salibello, arguing that the Administrative Procedure Act (APA) provides the exclusive judicial remedy that Salibello sought, and Salibello did not follow this procedure. A complaint was filed against Salibello, and while the Board was determining whether to pursue disciplinary action, Salibello twice requested that the Board release a copy of the complaint and the investigatory file. The Board denied both requests via letter, so Salibello sought declaratory judgment in the trial court. On appeal, the Court held that the APA provided an adequate and exclusive process by which Salibello could have challenged the Board's decision, and thereby precluded Salibello's request under the Uniform Declaratory Judgments Act. Reversed and remanded with instructions to dismiss the declaratory judgment action.

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