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GRAY PANTHERS v. PUBLIC WELFARE DIVISION

561 P.2d 674 (1977)

28 Or.App. 841

GRAY PANTHERS, an Unincorporated Oregon Association, et al., Petitioners, v. PUBLIC WELFARE DIVISION of the State of Oregon, and Linda Kaeser, Administrator, Respondents. Oregon State Committee for Progress through Law, Petitioner, v. Public Welfare Division of the State of Oregon, and Linda Kaeser, Administrator, Respondents.

Court of Appeals of Oregon.

Decided March 21, 1977.

Attorney(s) appearing for the Case

Robert Bruce Johnstone, Jr., Legal Aid Service, Portland, argued the cause and filed the briefs for petitioners Gray Panthers, Ron Wyden and Albert Schoene.

No appearance for petitioner Oregon State Committee for Progress through Law.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER and RICHARDSON, JJ.

RICHARDSON, Judge.

Petitioners, pursuant to ORS 183.400, seek to invalidate a directive of the Public Welfare Division (Division) freezing certain programs at their current client levels and refusing to accept new applications. Petitioners contend the agency was required to follow the rule making procedures of the Oregon Administrative Procedures Act, ORS ch. 183 (APA), in implementing the freeze.

The case is before us on an agreed statement of facts. Petitioner...

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