Section 183.485 – Decision of court on review of contested case.
(1) The court having jurisdiction for judicial review of contested cases shall direct its decision, including its judgment, to the agency issuing the order being reviewed and may direct that its judgment be delivered to the circuit court for any county designated by the prevailing party for entry in the circuit court’s register. (2) Upon […]
Section 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 […]
Section 183.490 – Agency may be compelled to act.
The court may, upon petition as described in ORS 183.484, compel an agency to act where it has unlawfully refused to act or make a decision or unreasonably delayed taking action or making a decision. [1957 c.717 §13; 1979 c.593 §28]
Section 183.497 – Awarding costs and attorney fees when finding for petitioner.
(1) In a judicial proceeding designated under subsection (2) of this section the court: (a) May, in its discretion, allow a petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner. (b) Shall allow a petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner […]
Section 183.500 – Appeals.
Any party to the proceedings before the circuit court may appeal from the judgment of that court to the Court of Appeals. Such appeal shall be taken in the manner provided by law for appeals from the circuit court in suits in equity. [1957 c.717 §14; 1969 c.198 §76; 2003 c.576 §394]
Section 183.502 – Authority of agencies to use alternative means of dispute resolution; model rules; amendment of agreements and forms; agency alternative dispute resolution programs.
(1) Unless otherwise prohibited by law, agencies may use alternative means of dispute resolution in rulemaking proceedings, contested case proceedings, judicial proceedings in which the agency is a party, and any other decision-making process in which conflicts may arise. The alternative means of dispute resolution may be arbitration, mediation or any other collaborative problem-solving process […]
Section 183.530 – Housing cost impact statement required for certain proposed rules.
A housing cost impact statement shall be prepared upon the proposal for adoption or repeal of any rule or any amendment to an existing rule by: (1) The Oregon Housing Stability Council; (2) A building codes division of the Department of Consumer and Business Services or any board associated with the department with regard to […]
Section 183.534 – Housing cost impact statement described; rules.
(1) A housing cost impact statement is an estimate of the effect of a proposed rule or ordinance on the cost of development of a 6,000 square foot parcel and the construction of a 1,200 square foot detached single family dwelling on that parcel. The Oregon Housing Stability Council shall adopt rules prescribing the form […]
Section 183.538 – Effect of failure to prepare housing cost impact statement; judicial review.
(1) Notwithstanding ORS 183.335 (12), 183.400 (4) or any other provision of law, the failure to prepare a housing cost impact statement shall not affect the validity or effective date of any rule or ordinance or any amendment to a rule or ordinance. (2) If a rule or ordinance or any amendment to a rule […]
Section 183.462 – Agency statement of ex parte communications; notice.
The agency shall place on the record a statement of the substance of any written or oral ex parte communications on a fact in issue made to the agency during its review of a contested case. The agency shall notify all parties of such communications and of their right to rebut the substance of the […]