Willamette Law Online

Oregon Court of Appeals


Lucke v. DPSST

Summarized by: 

Date Filed: 01-25-2012
Case #: A142956
Brewer, C.J. for the Court; Haselton, P.J.; and Armstrong, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A142956.pdf

Administrative Law: An order for summary determination favorable to the moving party shall be issued if evidence in the record for the case shows that there is no genuine issue of any material fact that is relevant to resolution of the legal issue as to which a decision is sought.

The Department of Public Safety Standards and Training (DPSST) revoked Petitioner’s corrections certificates by summary determination upon finding that she was no longer employed as a public safety officer. Petitioner challenges the DPSST’s final order of revocation by alleging that there were genuine issues of material facts and also disputed whether there was cause for termination due to a dispute about the standard of care. However, Petitioner did not originally challenge DPSST’s motion for summary determination when it came before an administrative law judge (ALJ), though Petitioner later challenged other aspects of the order. The Court reviewed the DPSST’s adoption of the ALJ’s order in light of OAR 137-003-0580, similar in substance to ORCP 47. Reviewing the uncontradicated evidence that Petitioner’s conduct was a gross deviation from the standard of care, the Court determined that there was substantial evidence and substantial reason supporting DPSST’s decision to revoke Petitioner’s certificates because it found that Petitioner was terminated for cause. Affirmed.