Introduction to Basic Legal Citation - access-to-law home

. . . .
The Oregon Bureau of Labor and Industries (BOLI) had promulgated administrative rules
construing ORS 279.350(1) to apply to all workers at the "site of work." See OAR 839-016-
0004(19). Plaintiff and ODOT agreed to incorporate those rules as terms of their contract. As
explained below, central to the parties' contract dispute in this case are two subsections of a
BOLI rule that identified the circumstances under which rock quarries, or so-called "borrow
pits," would be considered part of the "site of work."
. . . .
The state moved to dismiss the complaint for lack of subject matter jurisdiction, citing Alto v.
State Fire Marshall, 319 Or 382, 876 P2d 774 (1994), for the proposition that a circuit court
lacks jurisdiction to review the validity of agency rules in the context of a declaratory
judgment action. While that motion was pending, ODOT withheld payments on the contract.
Plaintiff then filed an amended complaint in which he alleged that he had complied with the
terms of the contract, including the prevailing wage rules, and that ODOT's decision to
withhold payments was a breach of the parties' contract. In addition, because ODOT's
decision was based on a determination that plaintiff had failed to comply with the prevailing
wage rules, plaintiff argued that the circuit court had acquired subject matter jurisdiction to
review the validity of those rules under this court's decision in Hay v. Oregon Dep't of
Transportation, 301 Or 129, 719 P2d 860 (1986). ODOT counterclaimed for breach of
contract, and both parties then moved for summary judgment.
. . . .
Or. R. App. P. 5.20, 5.35,
http://www.ojd.state.or.us/web/ojdpublications.nsf/Files/2011ORAPsfromPubs.
pdf/$File/2011ORAPsfromPubs.pdf.
Rule 5.20 REFERENCE TO EVIDENCE AND EXHIBITS; CITATION OF
AUTHORITIES
. . . .
(4) Guidelines for style and conventions in citation of authorities may be found in the Oregon
Appellate Courts Style Manual.
(5) Cases affirmed without opinion by the Court of Appeals should not be cited as authority.
Rule 5.35 APPELLANT'S BRIEF: INDEX
The appellant's combined brief and excerpt shall begin with:
. . . .
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