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SATHER v. AFSD

CA A67165.

822 P.2d 738 (1991)

110 Or.App. 319

Donna SATHER, Petitioner, v. ADULT AND FAMILY SERVICES DIVISION, Respondent.

Court of Appeals of Oregon.

Decided December 18, 1991.

Attorney(s) appearing for the Case

Lorey H. Freeman, Legal Aid Service, Portland, argued the cause and filed the briefs for petitioner.

Richard D. Wasserman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and De MUNIZ, JJ.

ROSSMAN, Judge.

Petitioner challenges the validity of an amendment to an administrative plan that provides that new dentures for adults are excluded from Medicaid coverage. The issue is whether the amendment was a "rule" within the definition of ORS 183.310(8).1 If it was a rule, petitioner argues that it was invalid, because it exceeded respondent Adult and Family Services Division's (AFSD) statutory authority and was promulgated without...

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