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NAY v. DEPARTMENT OF HUMAN SERVICES

A150722.

340 P.3d 720 (2014)

267 Or. App. 240

Tim NAY, Petitioner, v. DEPARTMENT OF HUMAN SERVICES, Respondent.

Court of Appeals of Oregon.

Decided November 26, 2014.

Attorney(s) appearing for the Case

Matthew Whitman argued the cause and filed the reply brief for petitioner. With him on the opening brief was Cartwright Whitman Baer P.C.

Karla H. Ferrall , Assistant Attorney General, argued the cause for respondent. With her on the brief was Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

Petitioner seeks a judicial declaration, pursuant to ORS 183.400(1), that certain amendments to administrative rules promulgated by respondent, the Department of Human Services (DHS), are invalid. Petitioner asserts that DHS improperly amended OAR 461-135-0832(10)(b)(B)(viii) and OAR 461-135-0835(1)(e)(B)(iii) (the challenged rules)

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