Opinion
CA 5715
Argued May 26, 1976.
Appeal dismissed June 21, 1976..
Judicial Review from Oregon State System of Higher Education.
Robert E. Nelson, Portland, argued the cause for petitioner. With him on the brief were Richardson, Murphy Nelson, Portland.
Al J. Laue, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and W. Michael Gillette, Solicitor General, Salem.
Before Schwab, Chief Judge, and Fort and Thornton, Judges.
Appeal dismissed.
THORNTON, J.
Petitioner, a student at Oregon State University, appeals from the decision of the Permanent Administrative Review Committee of the State System of Higher Education which ruled that he was not entitled to resident student tuition rates for the 1975-76 school year.
We must first determine whether this court has jurisdiction to hear this appeal. As we have often stated, direct judicial review of administrative action by this court is authorized only when the proceeding below was a "contested case hearing." ORS 183.482(1); N.W. Envir. Def v. Air Poll. Auth., 16 Or. App. 638, 519 P.2d 1271, Sup Ct review denied (1974); Herron v. Employment Div., 24 Or. App. 531, 546 P.2d 789 (1976); Solomon v. State Land Board, 25 Or. App. 311, 548 P.2d 1335 (1976).
In N.W. Envir. Def v. Air Poll. Auth., supra at 640, n 1, we defined a "contested case hearing" as
"* * * 'adversary' or 'trial-type' administrative hearings [which] are conducted like trials with sworn testimony, subpoena power, cross-examination, application of the rules of evidence, etc. * * *"
Petitioner's position on appeal is in part that the proceeding before the Permanent Administrative Review Committee was inadequate in that witnesses were not sworn and that no transcript was prepared. Petitioner is in essence admitting that he did not receive a contested case hearing below and arguing that he should have. Such an argument should be addressed to the circuit court as our court is without jurisdiction to hear an appeal unless the proceeding below was a contested case hearing; it is not sufficient that the proceeding should have been a contested case hearing.
Appeal dismissed.