(1) The provisions of ORS § 183.410, 183.415, 183.417, 183.425, 183.440, 183.450, 183.452, 183.458, 183.460, 183.470 and 183.480 do not apply to local government boundary commissions created pursuant to ORS § 199.430, the Department of Revenue, State Accident Insurance Fund Corporation, Department of Consumer and Business Services with respect to its functions under ORS chapters 654 and 656, State Board of Parole and Post-Prison Supervision or Psychiatric Security Review Board with respect to its functions under ORS § 161.315 to 161.351.

Terms Used In Oregon Statutes 183.315

  • Contested case: means a proceeding before an agency:

    (A) In which the individual legal rights, duties or privileges of specific parties are required by statute or Constitution to be determined only after an agency hearing at which such specific parties are entitled to appear and be heard;

    (B) Where the agency has discretion to suspend or revoke a right or privilege of a person;

    (C) For the suspension, revocation or refusal to renew or issue a license where the licensee or applicant for a license demands such hearing; or

    (D) Where the agency by rule or order provides for hearings substantially of the character required by ORS § 183. See Oregon Statutes 183.310

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
  • Order: includes any agency determination or decision issued in connection with a contested case proceeding. See Oregon Statutes 183.310
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100

(2) This chapter does not apply with respect to actions of the Governor authorized under ORS Chapter 240 and ORS § 396.125 or actions of the Adjutant General authorized under ORS § 396.160 (14).

(3) The provisions of ORS § 183.410, 183.415, 183.417, 183.425, 183.440, 183.450, 183.452, 183.458 and 183.460 do not apply to the Employment Appeals Board or the Employment Department.

(4) The Employment Department shall be exempt from the provisions of this chapter to the extent that a formal finding of the United States Secretary of Labor is made that such provision conflicts with the terms of the federal law, acceptance of which by the state is a condition precedent to continued certification by the United States Secretary of Labor of the state’s law.

(5) The provisions of ORS § 183.415 to 183.430, 183.440 to 183.460, 183.470 to 183.485 and 183.490 to 183.500 do not apply to orders issued to persons who:

(a) Have been committed pursuant to ORS § 137.124 to the custody of the Department of Corrections or are otherwise confined in a Department of Corrections facility; or

(b) Seek to visit an adult in custody confined in a Department of Corrections facility.

(6) ORS § 183.410, 183.415, 183.417, 183.425, 183.440, 183.450, 183.460, 183.470 and 183.482 (3) do not apply to the Public Utility Commission. Except as provided in ORS § 774.180, judicial review of an order issued by the commission in a contested case may be sought only by a party to the contested case.

(7) The provisions of this chapter do not apply to the suspension, cancellation or termination of an apprenticeship or training agreement under ORS § 660.060.

(8) The provisions of ORS § 183.413 to 183.497 do not apply to administrative proceedings conducted under rules adopted by the Secretary of State under ORS § 246.190. [1971 c.734 § 19; 1973 c.612 § 3; 1973 c.621 § 2; 1973 c.694 § 1; 1975 c.759 § 1; 1977 c.804 § 45; 1979 c.593 § 7; 1981 c.711 § 16; 1987 c.320 § 142; 1987 c.373 § 21; 1989 c.90 § 1; 1997 c.26 § 1; 1999 c.448 § 6; 1999 c.679 § 1; 2003 c.64 § 8; 2005 c.512 § 30; 2005 c.638 § 1; 2007 c.239 § 8; 2007 c.288 § 10; 2011 c.708 § 24; 2017 c.312 § 1; 2017 c.442 § 23; 2019 c.213 § 54]

 

[1971 c.734 § 187; repealed by 1979 c.593 § 34]

 

[1957 c.717 § 15; repealed by 1971 c.734 § 21]

 

(Adoption of Rules)

 

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