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Weldon v. Board of Licensed Professional Counselors and Therapists

Summarized by: 

Date Filed: 12-20-2012
Case #: S060483
Walters, J. for the Court; En Banc.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/S060483.pdf

Administrative Law: The text of ORS 676.210 grants courts statutory power to enter injunctions. It does not deprive the court's ability to enter stays of an agency's order suspending a health care professional's occupational license and therefore does not impede on the courts inherent judicial powers.

Weldon filed a petition for a peremptory writ of mandamus and requested an emergency motion for a stay after the Board of Licensed Professional Counselors and Therapists decision to suspend her license. Both parties argued that ORS 676.210 precluded a court from issuing a stay allowing a health care professional to keep practicing while their case is in the appeals process. Weldon argued this statute unconstitutionally encroached on the powers of the judicial branch and asked the Court to decide that ORS 676.210 violated the separation of powers under Article III, section 1, of the Oregon Constitution. The Court held that the intent of the legislature in enacting ORS 676.210 was to grant courts authority to enter injunctions, not to deprive the courts their inherent judicial power to enter stays. Because the statute does not prevent the court from exercising its power, there is no need to discuss its unconstitutionality. The emergency stay was granted and is to remain effect until the Court of Appeals issues a decision on Weldon's request for a stay. Reversed and remanded to the Court of Appeals.