(1) A judicial review of the audit findings of the State Department of Agriculture, as provided by this section, shall be permitted only after any party claiming to be aggrieved by such findings has exhausted remedies under ORS 583.086.
(2) Within 30 days after the date the department mails a copy of its reaudit findings as provided by ORS 583.086 (3)(b), any party aggrieved thereby may secure judicial review thereof by commencing an action in the Circuit Court for Marion County or in the circuit court for the county in which the aggrieved party resides or has a principal business office. If an appeal is filed in the wrong county, the court shall enter an order transferring it to the proper county.
(3) In such action, the complaint shall name the department as defendant. A copy of such complaint shall be served by the sheriff or by certified mail on the department. It shall state the nature of the aggrieved party’s interest, the facts showing how such person or persons are aggrieved by the decision or findings of the department, and the ground or grounds upon which such person or persons contend that the decision or findings should be reversed and set aside.
(4) Within 30 days after service of the complaint, or within such further time as the court may allow, the department shall file its answer with the court and transmit to such court the original or certified copies of all findings, decisions, documents, records and other papers related to such audit and reaudit.
(5) If, before the date set for hearing, application is made to the court for leave to present additional evidence as to the matters in controversy in the case, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good and substantial reasons for failure to present it in the proceeding before the department, the court may order that the additional evidence be taken before the department upon such conditions as the court deems proper. The department may modify its findings and decision by reason of the additional evidence and shall, within a time to be fixed by the court, file with the reviewing court, to become a part of the record, the additional evidence, together with any modifications or new findings or decision, or its certificate that it elects to stand on its original findings or decision, as the case may be.
(6) The hearing and review shall be conducted by the court as an action tried without a jury and shall be given precedence on the docket over all other cases except those given equal status by statute.
(7) The court may adopt, modify or set aside the decision and the findings of the department. In the actual reversal or modification, the court shall make special findings of fact based upon evidence in the record and conclusions of law indicating clearly all respects in which the decision and the findings of the department are erroneous.
(8)(a) If the court affirms findings of the department which require a handler or person to make payment for milk or if the court modifies such findings, the court shall also at the same time order that such amounts be paid.
(b) If the court affirms the findings of the department that violations of law or regulations exist, or if the court modifies such findings, the court shall also order that the handler or person shall be enjoined from further violating such law or regulations. Future similar violation of such law or regulations is subject to contempt action as provided by paragraph (a) of this subsection.
(9) An appeal may be taken from the order or judgment of the circuit court to the Court of Appeals as in other cases, regardless of the amounts involved. The court may in its discretion assess costs to the prevailing party. [1961 c.638 §11; 1979 c.284 §175]Section: Previous 583.075 583.076 583.080 583.085 583.086 583.090 583.095 583.096 583.100 583.105 583.106 583.110 583.115 583.116 583.120 Next
Last modified: August 7, 2008