Haskins v. Employment Department

Citing Don’t Waste Oregon Com. v. Energy Facility Siting, 320 Or 132, 881 P2d 119 (1994), the majority has chosen to defer to an Employment Department interpretation of OAR, 471-040-0005. However, under the criteria established in that case for interpreting agency rules, I find the department’s interpretation neither plausible nor consistent with the context of the rule, and therefore respectfully dissent.

This court is authorized to overrule an agency’s interpretation of a rule if the agency has “erroneously interpreted a provision of law.” ORS 183.482(8)(a). Pursuant to Don’t Waste Oregon,…