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McCLEERY v. STATE, OREGON BOARD OF CHIROPRACTIC EXAMINERS

CA A84057.

887 P.2d 390 (1994)

132 Or. App. 14

Daniel McCLEERY, D.C., Samantha McCleery and Michael Freeman, D.C., Petitioners, v. STATE of Oregon, acting By and Through the OREGON BOARD OF CHIROPRACTIC EXAMINERS, Respondent.

Court of Appeals of Oregon.

Decided December 21, 1994.

Attorney(s) appearing for the Case

Jacob Tanzer, Portland, argued the cause and filed the briefs for petitioners.

John T. Bagg, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before WARREN, P.J., and RICHARDSON, C.J., and EDMONDS, J.

WARREN, Presiding Judge.

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...

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