Building Department, LLC v. Department of Consumer & Business Services

Petitioner seeks judicial review of rules promulgated by respondent Department of Consumer and Business Services in response to Senate Bill 587 (1999). Those rules established, inter alia, a licensing requirement for nonmunicipal providers of plan review and building inspection services. Petitioner argues that respondent, in adopting the challenged rules, exceeded its statutory authority and failed to comply with applicable rulemaking procedures. See ORS 183.400 (on judicial review, court must declare rule invalid if it is unconstitutional, exceeds the statutory authority of the agency, or…