GUARDIANS AND CONSERVATORS / §43.1
only if the licensee demands a hearing within 90 days after the date of the notice of suspension or refusal to renew. ORS 183.430(2). C.
Hearing Officer’s Proposed Orders. Unless a hearing officer is required by law or agency rule to issue a final order, the hearing officer must prepare and serve a proposed order on the agency and all parties to a contested case. The proposed order becomes final after the 30th day following the date of service of the proposed order, unless the agency within that period issues an amended order. ORS 183.464(1)B(2).
D.
Judicial Review of Agency Orders. Unless otherwise provided by statute, proceedings for judicial review of an agency contested-case order must be instituted in the court of appeals by filing a petition within 60 days following the date that the order is served. ORS 183.482(1). Petitions for review of orders other than contested cases must be filed in the appropriate circuit court within 60 days following the date the order is served. ORS 183.484(1)B(2).
E.
IV.
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If a petition for rehearing or reconsideration is filed, then the petition for judicial review must be filed within 60 days following the date that the order denying the petition for rehearing is served. ORS 183.482(1), 183.484(2).
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If a petition for rehearing is filed and the agency does not otherwise act, the petition for rehearing or reconsideration is deemed denied on the 60th day following the date that the petition for rehearing or reconsideration was filed. In such a case, a petition for judicial review must be filed within 60 days following the date that denial is deemed to occur. ORS 183.482(1), 183.484(2).
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Circuit court decrees may be appealed to the court of appeals in the same manner as provided by law for appeals from the circuit court in suits in equity. ORS 183.500; see APPELLATE PRACTICE AND PROCEDURE.
Judicial Review of Validity of Agency Rule. A petition to the court of appeals to determine the validity of an agency rule may be made in the same manner as provided for review of orders in contested cases. ORS 183.400(1); see APPELLATE PRACTICE AND PROCEDURE.
(§42.4)
References
See generally 2 TORTS ch 26 (Oregon CLE 1992 & Supp 1996); 1 OREGON CIVIL PLEADING AND PRACTICE ch 8 (Oregon CLE 1994 & Supp 1998). GUARDIANS AND CONSERVATORS I. 86
(§43.1)
Protective Proceedings Generally