Legal Opinion
Burke v. Children's Services Division
Court of Appeals of Oregon
Decided July 26, 1976No. 414-115, CA 5316PublishedCited by 20 opinions
1Opinion of the CourtSchwab, C. J.
The issue in this case is what is an "internal management directive” which is exempt from the rule-making provisions of Oregon’s Administrative Procedures Act (APA) as distinguished from a "rule” which requires, inter alia, notice and hearing prior to adoption. ORS 183.310(7)(a).
Plaintiff, an employed mother of three children, is a recipient of public assistance from the Public Welfare Division (PWD) of the Department of Human Resources under the Aid to Dependent Children program. Until February 15, 1975, she was receiving additional assistance under the Aid to Dependent Children program from…
2Cases cited3 opinions
- Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
- T.S.C. Motor Freight Lines, Inc. v. United StatesDistrict Court, S.D. Texas · 1960
- Ingalls Iron Works Co. v. Fehlhaber Corp.Appellate Division of the Supreme Court of the State of New York · 1967
3Cited by20 opinions
- Woodland Private Study Group v. StateSupreme Court of New Jersey · 1987
- Burke v. Children's Services DivisionOregon Supreme Court · 1980
- Rogue Flyfishers, Inc. v. Water Policy Review BoardCourt of Appeals of Oregon · 1983
- Gooderham v. Adult & Family Services DivisionCourt of Appeals of Oregon · 1983
- United Parcel Service, Inc. v. Oregon Transportation CommissionCourt of Appeals of Oregon · 1976
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