Smith v. DCBS

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Administrative Law
  • Date Filed: 01-25-2017
  • Case #: A160720
  • Judge(s)/Court Below: DeVore, J. for the Court; Duncan, P.J.; & Garrett, J.
  • Full Text Opinion

A memorandum informing a person of existing law acts as an announcement, not a rule, under the Oregon Administrative Procedures Act, thus, not eligible for judicial review under ORS 183.400.

Petitioner sought judicial review of a memorandum from the Department of Consumer and Business Services (DBCS). Petitioner alleged the agency memorandum was a “rule” under the Oregon Administrative Procedures Act, ORS 183.310 to 183.497, and failed to comply with the rulemaking process. The Court found the memorandum was not a rule, and thus, lack authority to determine it’s validity (ORS 183.400). The memorandum was “merely an informational announcement” of the effect of existing Oregon law with an established pending deadline. Petition for judicial review dismissed.

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