. . . .
The Oregon Bureau of Labor and Industries (BOLI) had promulgated administrative rules construing ORS 279.350(1) to apply to all workers at the "site of work." See OAR 839-016-0004(19). Plaintiff and ODOT agreed to incorporate those rules as terms of their contract. As explained below, central to the parties' contract dispute in this case are two subsections of a BOLI rule that identified the circumstances under which rock quarries, or so-called "borrow pits," would be considered part of the "site of work."
. . . .
The state moved to dismiss the complaint for lack of subject matter jurisdiction, citing Alto v. State Fire Marshall, 319 Or 382, 876 P2d 774 (1994), for the proposition that a circuit court lacks jurisdiction to review the validity of agency rules in the context of a declaratory judgment action. While that motion was pending, ODOT withheld payments on the contract. Plaintiff then filed an amended complaint in which he alleged that he had complied with the terms of the contract, including the prevailing wage rules, and that ODOT's decision to withhold payments was a breach of the parties' contract. In addition, because ODOT's decision was based on a determination that plaintiff had failed to comply with the prevailing wage rules, plaintiff argued that the circuit court had acquired subject matter jurisdiction to review the validity of those rules under this court's decision in Hay v. Oregon Dep't of Transportation, 301 Or 129, 719 P2d 860 (1986). ODOT counterclaimed for breach of contract, and both parties then moved for summary judgment.
. . . .
Rule 5.20 REFERENCE TO EVIDENCE AND EXHIBITS; CITATION OF AUTHORITIES
(1) Briefs, in referring to the record, shall make appropriate reference to pages and volumes of the transcript or narrative statement, or in the case of an audio record, to the tape number and official cue or numerical counter number or, in the case of an exhibit, to its identification number or letter.
(2) If the precise location on the audio record cannot be determined, it is permissible to indicate between which cue numbers the evidence is to be found.
(3) The following abbreviations may be used:
"P Tr" for pretrial transcript;
"Tr" for transcript;
"Nar St" for narrative statement;
"ER" for Excerpt;
"App" for Appendix;
"AR Tape No. ___, Cue No. ___" for audio record;
"PAR" for pretrial audio record;
"TCF" for trial court file;
"Rec" for record in judicial review proceedings only;
"Ex" for exhibit.
Other abbreviations may be used if explained.
(4) Guidelines for style and conventions in citation of authorities may be found in the Oregon Appellate Courts Style Manual.
(5) Cases affirmed without opinion by the Court of Appeals should not be cited as authority.
Rule 5.30 ORDINANCES, CHARTERS, STATUTES, AND OTHER WRITTEN PROVISIONS TO BE SET OUT
If an appeal involves an ordinance, charter, statute, constitutional provision, regulation, or administrative rule, so much of the provision as relevant shall be set forth verbatim with proper citation. If lengthy, such matter should be appended or footnoted and need not be set out verbatim if it appears in another brief in the case and is cross-referenced appropriately.
Rule 5.35 APPELLANT'S BRIEF: INDEX
The appellant's combined brief and excerpt shall begin with:
. . . .
(3) an index of all authorities referred to, classified by cases (alphabetically arranged and with complete citations), constitutional and statutory provisions, texts, treatises, and other authorities, and indicating the pages of the brief where the authorities are cited. Citations are to be in the form prescribed by the Oregon Appellate Courts Style Manual. Reference to "passim'' or ''et seq.'' in the index of authorities is discouraged.
Note: The Oregon Appellate Courts Style Manual (2002),http://www.publications.ojd.state.or.us/docs/UpdatedStyleManual2002.pdf, lays out distinctive citation conventions for a full range of legal authority.