Judicial Review of Agency Action

Question 1

Standing

Answer 1

Federal: Normal Standing

Oregon: OAPA standard, any person adversely affected OR any part to agency proceeding OR for organization, no representational standing.

Question 2

When Can Appeal

Answer 2

OAPA SOL

Rulemaking: 2 years from procedural error, NO SOL for Substantive Errors

Adjudication: 60 days from final decision, must be in writing and final

Exhaustion: must use all internal agency review procedures before going to court. EXCEPTION: administrative remedy is inadequate or futile, or will result in irreparable harm.

Question 3

Motion for Reconsideration

Answer 3

No necessary unless specific agency rule saying so.

Question 4

Ripeness

Answer 4

Judicial review of rules allowed only if issue is ripe for decision, must be genuine not hypothetical

Question 5

Which Court Do You File

Answer 5

Federal: Look to agency agency statute if not there then, APA, if skipping final decision because of exhaustion file in district court

Oregon: OAPA, go to Court of Appeals