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INDEPENDENT CONTRACTORS RESEARCH v. DAS

A123407.

139 P.3d 995 (2006)

207 Or. App. 78

INDEPENDENT CONTRACTORS RESEARCH INSTITUTE, a non-profit trade association, and Fair Competition Alliance, an assumed business name; N & C Services, Inc., an Oregon corporation; Metropolitan Presort, Inc., an Oregon corporation; Oregon School Employees Association; BWK, Inc., an Oregon corporation, dba Mid-Valley Presort & Mailing, Inc.; and Advanced Security, Inc., an Oregon corporation, Petitioners, and Seiu School Employees Local 140, Petitioner Inactive, v. DEPARTMENT OF ADMINISTRATIVE SERVICES, Respondent.

Court of Appeals of Oregon.

Decided July 26, 2006.

Attorney(s) appearing for the Case

James M. Brown argued the cause for petitioners. With him on the briefs were Charles R. Williamson, Portland, & Kell Alterman & Runstein, LLP.

Michael C. Livingston, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before SCHUMAN, Presiding Judge, and LANDAU and ORTEGA, Judges.

SCHUMAN, P.J.

Petitioners challenge the validity of rules promulgated by the Department of Administrative Services (DAS) to implement the Products of Disabled Individuals Act (PDIA), ORS 279.835 to 279.855. In their eight assignments of error, petitioners argue that the fiscal impact statement accompanying the new rules was inadequate and that several of the rules create policies that are not authorized by the PDIA. We hold that the rules are valid.

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