Kellas v. Department of Corrections, 341 Or. 471

Summary

The Oregon Supreme Court held that ORS 183.400(1) authorizes any person to challenge the validity of an administrative rule without demonstrating a personal stake or practical effect on individual rights. The court rejected the Court of Appeals' conclusion that constitutional justiciability principles required such a showing and remanded for consideration of the merits of the rule challenge.

Holdings

1. ORS 183.400(1) authorizes any person to petition the Court of Appeals to determine the validity of an administrative rule and imposes no additional statutory requirement that the petitioner demonstrate a personal stake, personal injury, or practical effect on individual interests.
2. The Oregon Constitution does not require a petitioner authorized by ORS 183.400(1) to demonstrate a personal right, personal injury, or practical effect on individual interests before an Oregon court may exercise judicial power over the rule challenge.
3. The Court of Appeals erred by dismissing Kellas's petition for lack of standing; the petition satisfied ORS 183.400(1), and the Court of Appeals must address the merits.

Questions Presented

1. Whether ORS 183.400(1), which permits a petition by any person to challenge the validity of an administrative rule, requires the petitioner to show a personal stake or that the requested relief will have a practical effect on the petitioner's interests.
2. Whether the Oregon Constitution imposes an additional personal-injury or practical-effects requirement on a petitioner authorized by ORS 183.400(1) to challenge an administrative rule.
3. Whether the Court of Appeals erred by dismissing Kellas's rule challenge without reaching its merits.

Disposition

reversed_and_remanded