Zach v. Chartis Claims, Inc.

• Court: Oregon Court of Appeals
• Area(s) of Law: Administrative Law
• Date Filed: 07-20-2016
• Case #: A155946
• Judge(s)/Court Below: Garrett, J. for the Court; DeVore, P.J.; & Schuman, S.J.

Since the Director of the Department of Consumer and Business Services decides both the policy within the rules and resolves vocational disputes, deference must be given to his or her interpretation of the rules.

The claimant appealed an order for reconsideration of the Department of Consumer and Business Services that allowed the termination of the claimant's vocational assistance eligibility. The Director reversed an order by the ALJ because the Director found that the claimant did not act reasonably, and the claimant claimed that the Director exceeded his authority in doing so. On appeal, the Court found that since the Director decides both the policy in the rules and resolves vocational disputes, deference was given to the Director's interpretation of the rules. Since the claimant’s evidence was insufficient as a matter of law, the Director's interpretation seemed reasonable to the Court. Affirmed.

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