Oregon Law
Law as of Jan 1, 2024
Chapter contents
183.010[Repealed by 1971 c.734 §21] 183.020[Repealed by 1971 c.734 §21] 183.025[Formerly 182.065; 1993 c.729 §4; 2003 c.749 §8; renumbered 183.750 in 2003] 183.030[Repealed by 1971 c.734 §21] 183.040[Repealed by 1971 c.734 §21] 183.050[Repealed by 1971 c.734 §21] 183.060[1957 c.147 §1; repealed by 1969 c.292 §3] 183.090[1991 c.734 §2; 1997 c.387 §3; 2001 c.621 §71; renumbered 183.745 in 2003] 183.310Definitions for chapter 183.315Application of provisions of chapter to certain agencies 183.317[1971 c.734 §187; repealed by 1979 c.593 §34] 183.320[1957 c.717 §15; repealed by 1971 c.734 §21] 183.325Delegation of rulemaking authority to named officer or employee 183.330Description of organization; service of order; rules coordinator; order not final until put in writing 183.332Policy statement; conformity of state rules with equivalent federal laws and rules 183.333Policy statement; public involvement in development of policy and drafting of rules; advisory committees 183.335Notice; content; public comment; temporary rule adoption, amendment or suspension; substantial compliance required 183.336Cost of compliance effect on small businesses 183.337Procedure for agency adoption of federal rules 183.338Use of term “noncitizen” in rules and regulations 183.340[1957 c.717 §3 (3); 1971 c.734 §6; repealed by 1975 c.759 §5 (183.341 enacted in lieu of 183.340)] 183.341Model rules of procedure; establishment; compilation; publication; agencies required to adopt procedural rules 183.350[1957 c.717 §3 (1), (2); repealed by 1971 c.734 §21] 183.355Filing and taking effect of rules; filing of executive orders; copies; fees; rules 183.360Publication of rules and orders; exceptions; requirements; bulletin; judicial notice; citation 183.362[1993 c.729 §12; repealed by 2017 c.518 §9] 183.365Publication of administrative rules in electronic form 183.370Distribution of published rules 183.380[1957 c.717 §4 (5); repealed by 1971 c.734 §21] 183.390Petitions requesting adoption of rules 183.400Judicial determination of validity of rule 183.403Agency report to Legislative Assembly regarding temporary rules 183.405Agency review of rules; report by Secretary of State 183.407Small Business Rules Advisory Committee 183.410Agency determination of applicability of rule or statute to petitioner; effect; judicial review 183.411Delegation of final order authority 183.413Notice to parties before hearing of rights and procedure; failure to provide notice 183.415Notice of right to hearing 183.417Procedure in contested case hearing 183.418[1973 c.386 §6; 1989 c.224 §11; 1991 c.750 §5; repealed by 1999 c.1041 §9] 183.420[1957 c.717 §8 (1); repealed by 1971 c.734 §21] 183.421[1991 c.750 §4; repealed by 1999 c.1041 §9] 183.425Depositions or subpoena of material witness; discovery 183.430Hearing on refusal to renew license; exceptions 183.435Period allowed to request hearing for license refusal on grounds other than test or inspection results 183.440Subpoenas in contested cases 183.445Subpoena by agency or attorney of record of party when agency not subject to ORS 183.440 183.450Evidence in contested cases 183.452Representation of agencies at contested case hearings 183.453Representation of Oregon Health Authority and Department of Human Services at contested case hearings 183.455[1987 c.259 §3; repealed by 1999 c.448 §10] 183.457Representation of persons other than agencies participating in contested case hearings 183.458Nonattorney and out-of-state attorney representation of parties in certain contested case hearings 183.459Representation of home care worker by labor union representative 183.460Examination of evidence by agency 183.462Agency statement of ex parte communications; notice 183.464Proposed order by hearing officer; amendment by agency; exemptions 183.470Orders in contested cases 183.471Preservation of orders in electronic format; fees 183.480Judicial review of agency orders 183.482Jurisdiction for review of contested cases; procedure; scope of court authority 183.484Jurisdiction for review of orders other than contested cases; procedure; scope of court authority 183.485Decision of court on review of contested case 183.486Form and scope of decision of reviewing court 183.490Agency may be compelled to act 183.495[1975 c.759 §16a; repealed by 1985 c.757 §7] 183.497Awarding costs and attorney fees when finding for petitioner 183.500Appeals 183.502Authority of agencies to use alternative means of dispute resolution; model rules; amendment of agreements and forms; agency alternative dispute resolution programs 183.510[1957 c.717 §16; repealed by 1971 c.734 §21] 183.530Housing cost impact statement required for certain proposed rules 183.534Housing cost impact statement described; rules 183.538Effect of failure to prepare housing cost impact statement; judicial review 183.540Reduction of economic impact on small business 183.545[1981 c.755 §5; repealed by 2003 c.749 §17] 183.550[1981 c.755 §6; repealed by 2003 c.749 §17] 183.560[2001 c.374 §1; 2003 c.740 §1; renumbered 183.700 in 2003] 183.562[2001 c.374 §2; renumbered 183.702 in 2003] 183.600[1999 c.849 §2; 2003 c.75 §1; repealed by 2009 c.866 §4] 183.605Office of Administrative Hearings 183.610Chief administrative law judge 183.615Administrative law judges; duties; qualifications; rules 183.620Contract administrative law judges 183.625Assignment of administrative law judges; conduct of hearings 183.630Model rules of procedure; exemptions; depositions 183.635Agencies required to use administrative law judges from Office of Administrative Hearings; exceptions 183.640Use of Office of Administrative Hearings by exempt agencies and by political subdivisions 183.645Request for change of administrative law judge; rules 183.650Form of order; modification of form of order by agency; finding of historical fact 183.655Fees 183.660Office of Administrative Hearings Operating Account 183.665Estimates of office expenses 183.670Rules 183.675Alternative dispute resolution 183.680Standards and training program 183.685Ex parte communications 183.690Office of Administrative Hearings Oversight Committee 183.700Permits subject to ORS 183.702 183.702Statement of criteria and procedures for evaluating permit application; documentation of decision on application; required signature 183.705Extended term for renewed licenses; fees; continuing education; rules 183.710Definitions for ORS 183.710 to 183.730 183.715Submission of adopted rule to Legislative Counsel required 183.720Procedure for review of agency rule; reports on rules claimed to be duplicative or conflicting 183.722Required agency response to Legislative Counsel determination; consideration of determination by interim committee 183.724Designation of interim committees for purposes of considering rule reports 183.725[Formerly 171.713; 1993 c.729 §8; 1997 c.602 §5; 1999 c.31 §1; 2009 c.81 §6; repealed by 2017 c.518 §9] 183.730Review of rule by Oregon Sunshine Committee 183.745Civil penalty procedures; notice; hearing; judicial review; exemptions; recording; enforcement 183.750State agency required to prepare public writings in readable form

Chapter 183 — Administrative Procedures Act; Review of Rules; Civil Penalties

ORS 183.486 Form and scope of decision of reviewing court

(1)

The reviewing court’s decision under ORS 183.482 or 183.484 may be mandatory, prohibitory, or declaratory in form, and it shall provide whatever relief is appropriate irrespective of the original form of the petition. The court may:

(a)

Order agency action required by law, order agency exercise of discretion when required by law, set aside agency action, remand the case for further agency proceedings or decide the rights, privileges, obligations, requirements or procedures at issue between the parties; and

(b)

Order such ancillary relief as the court finds necessary to redress the effects of official action wrongfully taken or withheld.

(2)

If the court sets aside agency action or remands the case to the agency for further proceedings, it may make such interlocutory order as the court finds necessary to preserve the interests of any party and the public pending further proceedings or agency action.

(3)

Unless the court finds a ground for setting aside, modifying, remanding, or ordering agency action or ancillary relief under a specified provision of this section, it shall affirm the agency action.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.