Opinion
CA A78275
Argued and submitted November 30, 1994, affirmed January 4, petition for review denied March 21, 1995 ( 320 Or. 598)
Judicial Review from Oregon Government Ethics Commission.
Marc D. Blackman argued the cause for petitioner. With him on the brief was Ransom, Blackman Weil.
John T. Bagg, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.
Before Deits, Presiding Judge, and Riggs and Haselton, Judges.
On remand from the Oregon Supreme Court, 319 Or. 151, 874 P.2d 1294 (1994).
PER CURIAM
Affirmed.
On remand from the Supreme Court, 319 Or. 151, 874 P.2d 1294 (1994), we consider the merits of petitioner's arguments disputing the propriety of the respondent Commission's inclusion of the "Opinion" section in its Findings of Fact, Conclusions of Law, and Final Order in this case. We reject those arguments. See Garton v. Real Estate Commissioner, 127 Or. App. 340, 342-43, 873 P.2d 359, rev den 320 Or. 109(1994).
The Commission's inclusion of the opinion section may have been gratuitous, and even imprudent. Nonetheless, we view that section as merely describing evidence before the hearings officer, not findings of fact in support of the Commission's ultimate conclusion. Its inclusion did not render the order internally inconsistent. Goracke v. Benton County, 68 Or. App. 83, 88, 683 P.2d 106 (1984).
The Commission was not obliged to craft its order "in the form petitioner would like." Garton v. Real Estate Commissioner, supra, 127 Or App at 342. Its only obligation was to include findings of fact, consisting of "a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the * * * order," and conclusions of law. ORS 183.470(2). It did so.
Affirmed.