Portland Inn, Inc. v. Oregon Transportation Commission

In United Parcel v. Transp. Comm., 27 Or App 147, 555 P2d 778 (1976), this court considered whether Administrative Rule No. 73 (Rule 73) of the Oregon Transportation Commission (OTC) was a "rule” and held that it was not. At that time, it was not necessary to decide what it actually was. This court is not barred from deciding that question now. We should do so.

The issue in the instant case is whether Rule 73 was an order not arising from a contested case. ORS 183.484.1 would affirm the finding of the circuit court that Rule 73 was such an order and that it was null and void because it was not…