Burke v. Children's Services Division

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that declaratory relief need not include injunction, because court assumed responsible state agencies would comply with law as determined by court
• holding that agency’s adoption of a daycare payment program without undergoing a formal procedure did not make the rule invalid and that the “agency may not rely on its own procedural failures to avoid the necessity of compliance with its rules”
• explaining that, unlike contested-case orders, there is no due process right
• administrative rule remains effective statement of existing policy until repealed through proper Oregon APA procedures
• “We -will not assume that the defendant agencies of the State of Oregon will, in the absence of an injunction, refuse to follow the law as we have stated it.”
• an administrative rule remains an effective statement of existing practice or policy until it is either judicially invalidated or repealed through proper APA procedures, and an agency is obligated to follow it

Source: CourtListener parenthetical corpus (CC0).