Minor v. Adult & Family Services Division

I disagree with the majority’s conclusion that Minor has standing to challenge the rule. ORS 183.400(1) provides that we have jurisdiction to review the validity of a rule, “but not when the petitioner is a party to an order or a contested case in which the validity of the rule may by determined by a court.” Minor is a party to an order of AFS reducing her grant of ADC pursuant to OAR 461-07-270(4)(h). As such, she could have sought review of that order in the circuit court, and in that proceeding could have had the validity of the rule determined. ORS 183.484(1). She did not; therefore, we…