Augustus v. Board of Nursing

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Appellate Procedure
  • Date Filed: 03-22-2017
  • Case #: A156473
  • Judge(s)/Court Below: Hadlock, C.J. for the Court; Armstrong, P.J.; & Egan, J.
  • Full Text Opinion

"In general, to preserve a contention for appeal or judicial review, a party must provide the lower court or agency with an explanation of his or her objection that is specific enough to ensure that the court or agency is able to consider the point and avoid committing error." Becklin v. Board of Examiners for Engineering, 195 Or App 186, 199- 200 (2004).

Petitioner appealed of a final order of the Oregon Board of Nursing that suspended Petitioner's certification for 60 days. Petitioner assigned error to the Board’s determination she had committed fraud. In response, the Board argued that Petitioner failed to preserve her arguments at the hearing held before an ALJ. “In general, to preserve a contention for appeal or judicial review, a party must provide the lower court or agency with an explanation of his or her objection that is specific enough to ensure that the court or agency is able to consider the point and avoid committing error.” Becklin v. Board of Examiners for Engineering, 195 Or App 186, 199- 200 (2004). The Court concluded that two of Petitioner’s arguments were not included in the proposed order, and thus not eligible for judicial review. The Court held that Petitioner did not provide the ALJ with a specific enough explanation, and thus, the argument was not preserved. Affirmed. 

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