Yankee v. Oregon Medical Board

I agree that petitioner should be granted a hearing for the reasons stated by the majority. I write separately because I would also conclude that the Oregon Medical Board (the board) incorrectly construed OAR 137-003-0670(2) when it denied petitioner a hearing.

In interpreting a rule, “our task is to ascertain the intent of the body that promulgated it.” Perlenfein and Perlenfein, 316 Or 16, 20, 848 P2d 604 (1993). To ascertain that intent, we “look to the text of the rule, in the context of other portions of the rule and related laws,” and may consider the rule’s history, to the extent the…