- Court: Oregon Court of Appeals
- Area(s) of Law: Administrative Law
- Date Filed: 09-11-2019
- Case #: A168322
- Judge(s)/Court Below: DeVore, P.J. for the Court; Egan, C.J.; & Powers, J.
- Full Text Opinion
Petitioners sought judicial review of a policy adopted by Portland Community College (PCC). On review, Petitioners argued that PCC is a governmental agency, under ORS 183.310(1), and that the policy was a “rule” under ORS 183.310(9), therefore, making PCC's policy invalid because it was not adopted through the formal rulemaking procedures. In response, PCC argued that the case should be dismissed for lack of jurisdiction because PCC is not an agency under ORS 183.400. Pursuant to ORS 174.117(1)(e), "a community college district or community college service district established under ORS chapter 341 is a 'special government body' [but] is not an 'officer authorized by law to make rules'" under ORS 183.310(1). The Court of Appeals held that PCC is not an agency, thus, the academic policy is not a “rule” within the meaning of ORS 183.310(9) and is not subject to judicial review.
Reconsideration allowed; previous order entered February 26, 2019, vacated; judicial review dismissed.