Kirsch v. Dep’t. of Consumer and Business Services

The Court will overturn an agency order only if the credible evidence apparently weighs overwhelmingly in favor of one finding and the board 'found' the other without providing substantial reason.”

Petitioner sought judicial review of a final order in which the director of the Department of Consumer and Business Services (DCBS) concluded that DCBS properly applied ORS 742.005 in approving a health insurance premium rate increase by Regence BlueCross BlueShield of Oregon (Regence) in 2008. On review, petitioner argued that the Court should reverse the order on the grounds that the director’s conclusions that DCBS properly applied ORS 742.005(3), (4), and (6) lacked substantial reason. Dismissing petitioners argument, the Court applied the standard from Armstrong v. Asten-Hill Co., holding that the approval of Regence’s rate increase was consistent with ORS 742.005(3), (4), and (6), and was supported by substantial reason. Armstrongstated, “the Court will overturn an agency order only if the credible evidence apparently weighs overwhelmingly in favor of one finding and the board 'found' the other without providing substantial reason.” Affirmed.