Salibello v. Oregon Board of Optometry

This appeal arises out of an action under the Uniform Declaratory Judgments Act, ORS 28.010 to 28.160. The trial court required the Oregon Board of Optometry to provide to plaintiff, Cosmo Salibello, a copy of the complaint that prompted a board investigation of Salibello’s practices and a copy of the investigation summary that the board prepared after closing the investigation. The board argues that the Oregon Administrative Procedures Act (APA) provides the exclusive process for plaintiff to obtain the judicial intervention he seeks and, thus, the trial court lacked jurisdiction to enter…