As used in this chapter:
(1) “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.
(2)(a) “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 183.415, 183.417, 183.425, 183.450, 183.460 and 183.470.
(b) “Contested case” does not include proceedings in which an agency decision rests solely on the result of a test.
(3) “Economic effect” means the economic impact on affected businesses by and the costs of compliance, if any, with a rule for businesses, including but not limited to the costs of equipment, supplies, labor and administration.
(4) “Hearing officer” includes an administrative law judge.
(5) “License” includes the whole or part of any agency permit, certificate, approval, registration or similar form of permission required by law to pursue any commercial activity, trade, occupation or profession.
(6)(a) “Order” means any agency action expressed orally or in writing directed to a named person or named persons, other than employees, officers or members of an agency. “Order” includes any agency determination or decision issued in connection with a contested case proceeding. “Order” includes:
(A) Agency action under ORS chapter 657 making determination for purposes of unemployment compensation of employees of the state;
(B) Agency action under ORS chapter 240 which grants, denies, modifies, suspends or revokes any right or privilege of an employee of the state; and
(C) Agency action under ORS 468B.050 to issue a permit.
(b) “Final order” means final agency action expressed in writing. “Final order” does not include any tentative or preliminary agency declaration or statement that:
(A) Precedes final agency action; or
(B) Does not preclude further agency consideration of the subject matter of the statement or declaration.
(7) “Party” means:
(a) Each person or agency entitled as of right to a hearing before the agency;
(b) Each person or agency named by the agency to be a party; or
(c) Any person requesting to participate before the agency as a party or in a limited party status which the agency determines either has an interest in the outcome of the agency’s proceeding or represents a public interest in such result. The agency’s determination is subject to judicial review in the manner provided by ORS 183.482 after the agency has issued its final order in the proceedings.
(8) “Person” means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than an agency.
(9) “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. The term includes the amendment or repeal of a prior rule, but does not include:
(a) Unless a hearing is required by statute, internal management directives, regulations or statements which do not substantially affect the interests of the public:
(A) Between agencies, or their officers or their employees; or
(B) Within an agency, between its officers or between employees.
(b) Action by agencies directed to other agencies or other units of government which do not substantially affect the interests of the public.
(c) Declaratory rulings issued pursuant to ORS 183.410 or 305.105.
(d) Intra-agency memoranda.
(e) Executive orders of the Governor.
(f) Rules of conduct for persons committed to the physical and legal custody of the Department of Corrections, the violation of which will not result in:
(A) Placement in segregation or isolation status in excess of seven days.
(B) Institutional transfer or other transfer to secure confinement status for disciplinary reasons.
(C) Disciplinary procedures adopted pursuant to ORS 421.180.
(10) “Small business” means a corporation, partnership, sole proprietorship or other legal entity formed for the purpose of making a profit, which is independently owned and operated from all other businesses and which has 50 or fewer employees. [1957 c.717 §1; 1965 c.285 §78a; 1967 c.419 §32; 1969 c.80 §37a; 1971 c.734 §1; 1973 c.386 §4; 1973 c.621 §1a; 1977 c.374 §1; 1977 c.798 §1; 1979 c.593 §6; 1981 c.755 §1; 1987 c.320 §141; 1987 c.861 §1; 2003 c.75 §71; 2005 c.523 §8; 2007 c.288 §9]
Note: See note under 183.417.Section: Previous 183.020 183.025 183.030 183.040 183.050 183.060 183.090 183.310 183.315 183.317 183.320 183.325 183.330 183.332 183.333 Next
Last modified: August 7, 2008