Kaib's Roving R.Ph. Agency, Inc. v. Employment Department

The majority concludes that petitioner is entitled to neither mandatory nor discretionary attorney fees under ORS 183.497.1 respectfully dissent.

A partial recapitulation of the facts is instructive. The first time these parties came before us, petitioner was seeking review of a notice of tax assessment issued by the Employment Department (department). We held that the department had incorrectly ignored the ruling of another agency, which the department was required to consider *591under ORS 670.600 and ORS 670.605.1 Kaib’s Roving R.Ph. Agency v. Employment Dept., 161 Or App 290, 984 P2d 886…