On petition of any interested person, any agency may in its discretion issue a declaratory ruling with respect to the applicability to any person, property, or state of facts of any rule or statute enforceable by it. A declaratory ruling is binding between the agency and the petitioner on the state of facts alleged, unless it is altered or set aside by a court. However, the agency may, where the ruling is adverse to the petitioner, review the ruling and alter it if requested by the petitioner. Binding rulings provided by this section are subject to review in the Court of Appeals in the manner provided in ORS § 183.480 for the review of orders in contested cases. The Attorney General shall prescribe by rule the form for such petitions and the procedure for their submission, consideration and disposition. The petitioner shall have the right to submit briefs and present oral argument at any declaratory ruling proceeding held pursuant to this section. [1957 c.717 § 7; 1971 c.734 § 10; 1973 c.612 § 5]

Terms Used In Oregon Statutes 183.410

  • Agency: means any state board, commission, department, or division thereof, or officer authorized by law to make rules or to issue orders, except those in the legislative and judicial branches. See Oregon Statutes 183.310
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Person: means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency. See Oregon Statutes 183.310
  • Rule: means any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of any agency. See Oregon Statutes 183.310
  • Statute: A law passed by a legislature.

 

(Contested Cases)

 

  Previous section
Next section  
 Adoption of Rules Contents