Cook v. Employment Division

We review a decision of the Court of Appeals construing ORS 183.495, which provides:

“Upon judicial review of a final order of an agency when the reviewing court reverses or remands the order it may, in its discretion, award costs, including reasonable attorney’s fees, to the petitioner to be paid from funds appropriated to the agency.”

Petitioner initially sought judicial review of an Employment Division order, affirmed by the Employment Appeals Board, ruling that petitioner had actually been self-employed while claiming unemployment benefits, ordering repayment of all unemployment benefits,…