Smith v. Department of Consumer & Business Services

Petitioner sought judicial review of a memorandum from the Department of Consumer and Business Services (DCBS) to health benefit insurers. Petitioner sought judicial review pursuant to ORS 183.400(1), which provides that the “validity of any rule may be determined upon a petition by any person to the Court of Appeals * * * ” Petitioner contended that the memorandum was, in effect, a “rule” within the meaning of the Oregon Administrative Procedures Act (APA), ORS 183.310 to 183.497, and that, because DCBS had failed to comply with rulemaking procedures, the rule should be declared invalid. We…