Romayor v. Dept. of Public Safety Standards

Retroactive application of a rule is not automatically impermissible, and the question is one of intent of the agency.

Petitioner sought judicial review of a final order of the Department of Public Safety Standards and Training (DPSST). A policy committee of the department and the Board of Public Safety Standards and Training (the board) voted to revoke the certification of the petitioner. They argued that the petitioner violated the department’s moral fitness standards. The administrative law judge (ALJ) from the Office of Adminstravtive Hearing concluded that the petitioner had not violated the standards based on the amended version of the moral fitness rules; regardless, the department entered a final order to revoke the petitioner’s certification. The Oregon Supreme Court established that retroactive application of a rule is not automatically impermissible, and the question is one of intent of the agency. This court concluded that the department erred by applying the former version of the rule. The court concluded that the department should assess the petitioner’s present moral fitness under the present version of the moral fitness standard. The court reverses and remands the final order, because the wrong moral-fitness rule was applied. Reversed and remanded.