Brian v. Oregon Government Ethics Commission

On remand from the Supreme Court, 319 Or 151, 874 P2d 1294 (1994), we consider the merits of petitioner’s arguments disputing the propriety of the respondent Commission’s inclusion of the “Opinion” section in its Findings of Fact, Conclusions of Law, and Final Order in this case. We reject those arguments. See Garton v. Real Estate Commissioner, 127 Or App 340, 342-43, 873 P2d 359, rev den 320 Or 109 (1994).

The Commission’s inclusion of the opinion section may have been gratuitous, and even imprudent. Nonetheless, we view that section as merely describing evidence before the hearings officer,…