Alto v. State Fire Marshall

In Alto v. State Fire Marshall, 319 Ore. 382, 390-95, 876 P.2d 774 (1994), the Supreme Court interpreted ORS 183.400 to mean that a case involving a challenge to the validity of an administrative rule may occur in a court other than the Court of Appeals only if it involves the "enforcement" of that rule under ORS 183.400(2). 319 Ore. at 390-95. Conversely, when the essence of an action is a facial challenge to the validity of an agency rule, the Court of Appeals has exclusive jurisdiction under ORS 183.400(1). Id.