Opinion
82-AB-628; CA A24861
Petitioner's petition for attorney fees filed January 11, 1983 Respondents' response to petitioner's petition for attorney fees Filed January 24, 1983 Petition for attorney fee denied August 10, 1983
Elizabeth A. Trainor, Portland, for petition.
Dave Frohnmayer, Attorney General, William F. Gary, Solicitor General, and Christine L. Dickey, Assistant Attorney General, Salem, contra.
Before Gillette, Presiding Judge, and Warden and Young, Judges.
PER CURIAM.
Petition for attorney fee award denied.
Petitioner, the prevailing party in Gates v. Employment Division, 61 Or. App. 136, 655 P.2d 226 (1982), seeks an award of an attorney fee pursuant to ORS 183.495 and 183.497 of the Oregon Administrative Procedures Act (APA). No award under either statute is appropriate. The Employment Division did not appear in the proceeding before the Employment Appeals Board (EAB), issue the order in question or appear in opposition to petitioner in this court. Johnson v. Employment Division, 64 Or. App. 276, 668 P.2d 416 (1983). EAB acted in this case only in a quasi-judicial capacity; no award is appropriate against it. Wasco County v. AFSCME, 31 Or. App. 765, 767, 571 P.2d 549 (1977); Van Gordon v. Ore. State Bd. of Dental Examiners, 63 Or. App. 561, 666 P.2d 276 (1983); Johnson v. Employment Division, supra.
Petition for attorney fee award denied.