Fitzgerald v. Oregon Board of Optometry

Petitioner took the Board of Optometry’s licensing examination on June 28-30, 1984, and was informed by a letter that she did not pass the examination. The letter stated, in pertinent part:

“* * * This year the pass-no pass criterion was set at a total score of one standard deviation below the mean; your score was below this level and therefore it was determined to be below the minimum acceptable for licensure.”

Petitioner contends that the criterion for passing the examination is an administrative “rule” under ORS 183.310(8) and is invalid, because it was not adopted according to the proper…