Hopkins v. Department of Corrections

Petitioner seeks a “declaratory ruling binding between the agency and petitioner for retroactive application of’ OAR 291-97-020(7).1 His claim would appear to be based on ORS 183.410, which provides for binding agency rulings as to the applicability of an agency rule to a state of facts. Although an agency’s ruling made under that statute is subject to review in the Court of Appeals, we do not have original jurisdiction over such a claim. Petitioner cites ORS 183.480 as the source of the court’s jurisdiction to review the administrative rule. That statute confers jurisdiction for our review…