Noble v. Dept. of Fish and Wildlife, 250 OrApp 252 (2012)

Holding:   The ODFW correctly construed its rule regarding fish passage requirements, and, the rule is consistent with the fish passage statute.

1)   Courts employ the same methodology to construe administrative rules as they do to construe statutes. at p. 259.

2)   “At the first level of analysis, we examine the text and context of the rule to discern the intent of the agency (cite omitted).” at p. 259.

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