California Table Grape Commission v. Department of Human Resources

In this judicial review of an administrative order, ORS 183.484, petitioners appeal a judgment of the circuit court dismissing their action for lack of jurisdiction. The issue is whether a notice sent to food service establishments by the Health Division of the Department of Human Resources (Division), advising them of a change in Division rules, is an “order” within the definition of ORS 183.310(5)(a) and (b) that is reviewable in circuit court. The circuit court held that it is not and dismissed the action. We affirm.

In 1988, Division rescinded a temporary rule allowing food service…