Case law

Flores v. Brown

341 Or. App. 815 · Court of Appeals of Oregon · Jul 9, 2025

Affirmed. 816 Flores v. Brown KAMINS, J. … Blain v.

Eastep v. Veterinary Medical Examining Board

22 Or. App. 457 · Court of Appeals of Oregon · Sep 10, 1975

Upon review the Board concluded those findings were correct, denied his application for renewal of his license to practice, and permanently revoked his right to practice veterinary medicine in this state. … Bal duyck v. Morgan, 9 Or App 363 , 497 P2d 377 (1972). Petitioner next contends that the testimony of Dr.

Merrick v. Board of Higher Education

103 Or. App. 328 · Court of Appeals of Oregon · Sep 5, 1990

Oregon Medical Association v. Rawls, 281 Or 293 , 574 P2d 1103 (1978), is distinguishable. … Furthermore, a declaration of this court that determines whether the Board’s rules are valid in the light of Measure 8 will bind petitioner and respondents and not be merely advisory. See Brown v.

Afzal v. Public Employees Retirement Board

239 Or. App. 284 · Court of Appeals of Oregon · Dec 1, 2010

ORS 183.482(8)(a), (b );Lenon v. PERB, 228 Or App 20, 25 , 206 P3d 1165 , rev den, 347 Or 365 (2009). On the basis of that review, we reverse and remand. … Drew v. PSRB, 322 Or 491, 500 , 909 P2d 1211 (1996) (explaining *293 the substantial reason test) (emphasis in original).

Cooper v. Fair Dismissal Appeals Board

31 Or. App. 521 · Court of Appeals of Oregon · Nov 7, 1977

There is nothing in the record to indicate that this was the basis for the Board’s decision. … No. 48 v. Fair Dis. App. Bd., 14 Or App 634 , 514 P2d 1114 (1973). The District failed to meet that burden.

Erskine v. Psychiatric Security Review Board

257 Or. App. 71 · Court of Appeals of Oregon · Jun 12, 2013

Petitioner seeks judicial review of an order of the Psychiatric Security Review Board (the board) conditionally releasing him to the custody of the Oregon Department of Corrections (DOC). We reverse and remand. … In view of the requirements of ORS 161.341, we agree and accept the board’s concession. Accordingly, the board’s order must be reversed and the case remanded.

English v. Public Employees Retirement Board

230 Or. App. 506 · Court of Appeals of Oregon · Sep 2, 2009

In Hewitt v. State Accident Ins. … In support *514 of that proposition, petitioners rely on Tanner v.

Moll v. Board of Chiropractic Examiners

248 Or. App. 262 · Court of Appeals of Oregon · Feb 15, 2012

App. 262 MOLL v. BOARD OF CHIROPRACTIC EXAMINERS. A146772 Court of Appeals of Oregon. February 15, 2012. Affirmed without opinion.

Laing v. Psychiatric Security Review Board

192 Or. App. 462 · Court of Appeals of Oregon · Mar 10, 2004

White v. Goth, 182 Or App 138, 141 , 47 P3d 550 (2002). … Hampton Tree Farms, Inc. v. Jewett, 320 Or 599, 609 , 892 P2d 683 (1995).

Walker v. State Board of Parole

106 Or. App. 238 · Court of Appeals of Oregon · Mar 6, 1991

Moreover, an order on administrative review was not judicially reviewable, see Cruz v. Board of Parole, supra, 53 Or App at 267 , unless the Board actually allowed administrative review. Esperum v. … Esperum v. Board of Parole, supra. Accordingly, the motion to dismiss is allowed. Judicial review dismissed. Although ORS 144.335 has been amended, and the rules in Cruz and Esperum, were modified thereby, see Denham v.

O'Bremski v. Oregon Board of Parole

91 Or. App. 164 · Court of Appeals of Oregon · May 11, 1988

1986, the Board made similar and equally inexplicable errors relating to petitioner’s release date. 2 On January 29,1987, the Board fixed the release date as March 8, 1996. … In a Board Action Form dated April 3,1986, the Board reaffirmed its finding of severe emotional disturbance and its previously set parole release date of March, 1987.

Stalder v. Board of Medical Examiners

37 Or. App. 853 · Court of Appeals of Oregon · Dec 26, 1978

See Voelz v. … Stacey v.

Strecker v. Psychiatric Security Review Board

154 Or. App. 130 · Court of Appeals of Oregon · May 27, 1998

That determination is not a sentencing decision that permits the exercise of discretion by the Board. See State v. … In State v.

Rios v. Psychiatric Security Review Board

135 Or. App. 265 · Court of Appeals of Oregon · Jun 28, 1995

Petitioner seeks review of the order of the Psychiatric Security Review Board (PSRB) denying his request for conditional release, and ordering his continued commitment. ORS 161.346(1). We affirm. … See Rios v. PSRB, 115 Or App 433 , 838 P2d 1118 (1992), rev den 317 Or 163 (1993); Rios v. PSRB, 94 Or App 565 , 767 P2d 119 (1988), rev den 307 Or 514 (1989); Rios v. PSRB, 75 Or App 579 , 707 P2d 643 (1985).

Folk v. State Board of Parole

53 Or. App. 142 · Court of Appeals of Oregon · Jul 13, 1981

Harris v. Board of Parole, 47 Or App 289 , 614 P2d 602 (1980). We affirm. Our scope of review is governed by ORS 183.482(8), which provides: "(8) (a) The court may affirm, reverse or remand the order. … See State v. Shumway, 291 *147 Or 153 , 630 P2d 796 (1981).

Butler v. State Department of Corrections

138 Or. App. 190 · Court of Appeals of Oregon · Dec 13, 1995

Healthy City Board of Ed. v. Doyle, 429 US 274, 287 , 97 S Ct 568 , 50 L Ed 2d 471 (1977). … In Hyland v.

Cochran v. Board of Psychologist Examiners

171 Or. App. 311 · Court of Appeals of Oregon · Dec 6, 2000

We agree with petitioner that the Board’s order in this case does not meet the test of substantial reason. See Drew v. PSRB, 322 Or 491, 500-01 , 909 P2d 1211 (1996); Spray v. … See State v.

Hoskinson v. Public Employes Retirement Board

23 Or. App. 328 · Court of Appeals of Oregon · Nov 10, 1975

This is a proceeding under ORS 237.171 in which petitioner applied to the Public Employes Retirement Board for a disability retirement allowance. … Joiner v. Public Employes Relations Board, 14 Or. App. 567 , 513 P.2d 523 (1973); Accident Prevention Division v. Stadeli Pump & Construction, Inc., 18 Or. [App] 357, 525 P.2d 170 (1974).

Wilson v. State Board

94 Or. App. 571 · Court of Appeals of Oregon · Jan 4, 1989

PER CURIAM This is a petition for judicial review, pursuant to ORS 144.335, from a final order by the Oregon State Board of Parole (Board) relating to petitioner’s parole date set. … We remand to the Board to reconsider what percentage of reduction is appropriate under Jeldness v. Board of Parole, 92 Or App 323 , 759 P2d 1102 (1988). Reversed and remanded for reconsideration.

Britton v. Board of Podiatry Examiners

53 Or. App. 544 · Court of Appeals of Oregon · Aug 24, 1981

See Jensen v. … Hambleton v. Bd. of Engineering Examiners, 40 Or App 9, 12 , 594 P2d 416 (1979); Stacey v. Board of Accountancy, 26 Or App 541, 544-45 , 553 P2d 1074 , rev den (1976).