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CHEVRON U.S.A., INC. v. MOTOR VEHICLES DIV.

No. MV6-1980; CA17637.

621 P.2d 668 (1980)

49 Or.App. 1099

CHEVRON U.S.A., INC., Texaco, Inc., Shell Oil Company, Union Oil Company of California and Atlantic Richfield Company, Petitioners, v. MOTOR VEHICLES DIVISION, David P. Moomaw, Administrator, and Department of Transportation, Fred B. Klaboe, Administrator, Respondents.

Court of Appeals of Oregon.

Decided December 29, 1980.

Attorney(s) appearing for the Case

William N. Mehlhaf, Portland, argued the cause for petitioners. On the brief was John D. Burns, Portland.

Dale K. Hormann, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Sol. Gen., William F. Gary, Deputy Sol. Gen. and William F. Nessly, Jr., Asst. Atty. Gen., Salem.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

WARDEN, Judge.

Petitioner challenges the Motor Vehicles Division's (Division) amendment of OAR 735-11-115 contending that the Division exceeded its statutory authority by requiring that fuel tax reports and fuel tax payments made by motor vehicle and aircraft fuel dealers be actually received by the Division, not just postmarked, by the date on which they are due in order to avoid penalty.

OAR 735-11-115 as most recently amended by the Division provides (with...

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