§ 421.647 — Review of decision relating to permits

Oregon § 421.647

• Jurisdiction: Oregon
• Vol.: 11
• Title 34: Human Services; Juvenile Code; Corrections
• Ch. 421: Department of Corrections Institutions; Compacts

Text

(1) Notwithstanding ORS 183.400, 183.482, 183.484 or 197.825 or any other law, review of any decision or action relating to the issuance or denial of a permit, license or certificate under ORS 421.645 (1) to (7) is as described in this section.
(2) A person or governmental entity adversely affected by a decision or action may institute a proceeding for review by filing a petition in Marion County Circuit Court that meets the following requirements:
(a) The petition must be filed within 21 days of issuance of the specific decision or action on which the petition is based.
(b) The petition must include the following:
(A) A statement of the nature of the decision or action the petitioner desires to be reviewed.
(B) A statement of the constitutional, statutory or other legal provision providing a basis for the challenge.
(C) A statement of whether the validity of the decision or action depends on factual findings and whether it is necessary to create a record in order to review the challenge.
(D) A statement and supporting affidavit showing how the petitioner is adversely affected by the decision or action.
(c) The petitioner shall serve a copy of the petition by registered or certified mail upon the Department of Corrections and the Attorney General.
(3) The court may affirm, reverse or remand the decision or action. The court shall reverse or remand the decision or action if the court finds that the entity making the decision or taking the action:
(a) Exceeded its statutory or constitutional authority; or
(b) Made a decision or took an action, the validity of which depends on the existence of one or more facts, when the requisite fact or facts do not exist.
(4) As to any decision or action, the validity of which depends on the existence of a particular fact:
(a) The court shall first decide whether any claims of error require fact-finding because the challenged decision or action depends on the existence of one or more facts. If the court determines that the claim of error requires fact-finding, the court shall decide whether additional evidence is required in order to determine whether the necessary fact exists. To be considered by the court, the evidence, if required, need not have been before the decision maker at the time of making the decision or taking the action.
(b) In determining the existence of a necessary fact, the fact shall be deemed to exist if the court finds, based on the record presented to or made before it, that there is evidence, taken in isolation, from which a reasonable person could conclude that the fact exists.
(5) If the court determines that the claim of error may be resolved without taking additional evidence, the court shall certify the matter to the Supreme Court and the Supreme Court shall accept the certification. The Supreme Court shall conduct its review as provided in subsections (3) and (4) of this section.
(6) Any party to the proceedings before the court may appeal from the judgment of that court to the Supreme Court by filing a petition meeting the criteria set forth in subsection (2) of this section. The petition must be filed within 21 days after the entry of the judgment. The Supreme Court shall conduct its review as provided in subsections (3) and (4) of this section.

Legislative History

1999 c.982 §9