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

Petitioner seeks judicial review of a final order that the Director (the Director) of respondent Employment Department (the Department) issued on remand from our previous decision in this case. Kaib’s Roving R.Ph. Agency v. Employment Dept., 161 Or App 290, 984 P2d 886 (1999). Petitioner raises a number of procedural and substantive issues concerning that order that, in essence, assert its due process right to a fair hearing before an impartial tribunal. However, we resolve petitioner’s arguments on a statutory basis. We conclude that only a hearing officer, 1 not the Director, has the…