Innovative Design & Construction, LLC v. CCB

When reviewing a factual finding for substantial evidence, the Court must determine whether the record, viewed as a whole, would permit a reasonable person to make the factual finding in question.

Petitioner sought judicial review of the CCB's finding that Petitioner had committed twelve violations of ORS 701.098(1)(L), and also the imposition of a $1,000 fine for each of those violations. Petitioner specified five distinct errors made by the CCB, however, the Court only considered threeof them. Petitioner alleged that CCB's definition of fraudulent conduct was invalid because it departed from legal standards intended by the legislature and CBB's interpretation of "injurious to the welfare of the public" was wrong. The Court concluded that Petitioner failed to preserve both issues. Finally, Petitioner argued that a number of the factual findings that the CCB relied on were not supported by substantial evidence. On review in a contested case, the “court shall set aside or remand [an] order if the court finds that the order is not supported by substantial evidence in the record.” When reviewing a factual finding for substantial evidence, the Court must determine whether the record, viewed as a whole, would permit a reasonable person to make the factual finding in question. The Court concluded that most of the factual findings were, in fact, supported by substantial evidence, and the few items that were not supported were immaterial, and did not affect the validity of the CCB's decision. Affirmed.