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BURKE v. CHILDREN'S SERVICES DIVISION

552 P.2d 592 (1976)

Sandra BURKE, Individually and On Behalf of All Others Similarly Situated, Appellant, v. CHILDREN'S SERVICES DIVISION et al., Respondents.

Court of Appeals of Oregon.

Decided July 26, 1976.

Attorney(s) appearing for the Case

Richard T. Aboussie, Legal Aid Service — Multnomah Bar Association, Inc., Portland, argued the cause for appellant. With him on the briefs was Michael H. Marcus, Legal Aid Service — Multnomah Bar Association, Inc., Portland.

Kevin L. Mannix, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were W. Michael Gillette, Sol. Gen., and Lee Johnson, Atty. Gen., Salem.

Before SCHWAB, C.J., and FORT and LEE, JJ.

SCHWAB, Chief Judge.

The issue in this case is what is an "internal management directive" which is exempt from the rule-making provisions of Oregon's Administrative Procedures Act (APA) as distinguished from a "rule" which requires, inter alia, notice and hearing prior to adoption. ORS 183.310(7)(a).

Plaintiff, an employed mother of three children, is a recipient of public assistance from the Public Welfare Division...

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