McCleery v. State

Petitioners seek a determination under ORS 183.400 that a “policy statement” issued by the Oregon Board of Chiropractic Examiners (OBCE) is an administrative rule and that it was not adopted in compliance with statutory rulemaking procedures. We hold that it is an invalid rule.

In January, 1991, OBCE issued a statement, which provided, in part:

“In January, 1982, the United States District Court in Wisconsin issued a permanent nationwide injunction against the manufacturing, promoting, selling, leasing, distribution, shipping, delivering, or using in any way any Toftness Radiation Detector[1]…