Fajer v. Department of Human Resources

Petitioner appeals from an order of the Employment Relations Board (Board) upholding action taken by respondents pursuant to ORS 240.572 and Personnel Rule 54-100 (PR 54-100), promulgated by respondent Personnel Division (Division). Petitioner raises three assignments of error: (1) that the portion of ORS 240.572 which authorized rule adoption by the Division violates Article m, § 1, of the Oregon Constitution because it constitutes an unlawful delegation of legislative power; (2) that the rule is invalid because it fails to implement the legislative intent of ORS 240.572; and (3) that the…