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Marolla v. DPST

Summarized by: 

Date Filed: 08-31-2011
Case #: A141119
Ortega, P.J.; Sercombe, J.; & Landau, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A141119.pdf

Administrative Law: ORS 181.662(4) grants the Department of Public Safety Standards and Training the option to implement a standard rule revoking suspension of an officer's basic police certification when the officer has been discharged for cause.

Petitioner was terminated from his position as a police officer at the Salem Police Department. The Department of Public Safety Standards and Training (DPSST) then revoked petitioner's certification to work as a police officer because he had been discharged "for cause" do to insubordination and other charges. The petitioner argued that ORS 181.662(4) requires DPSST to make a case-by-case decision between suspending or revoking an officer's certification; and the fact that DPSST had implemented a general rule, OAR 259-008-0070, used solely for revocation, over-stepped the authority given to DPSST. The Court of Appeals held that DPSST was given the authority to create such a general rule, based off of the statute's text, context, and legislative history. Affirmed.