To answer that question, we must construe ORS 183.484. In determining the scope of the record on judicial review of an order in other than a contested case proceeding, we seek to determine the intent of the legislature. At the first level of analysis, we examine the text and context of the statute, giving words of common usage their plain, natural, and ordinary meaning. Words that have a well-defined legal meaning are given that meaning. Context includes other provisions of the same statute and other related statutes.
Case law interpreting the statute also is considered at the first level of analysis.
If the intent of the legislature is clear at the first level of analysis, our inquiry is at an end. The court shall set aside or remand the order if it finds that the order is not supported by substantial evidence in the record . Substantial evidence exists to support a finding of fact when the record, viewed as a whole , would permit a reasonable person to make that finding. In the case of reversal the court shall make special findings of fact based upon the evidence in the record and conclusions of law indicating clearly all aspects in which the agency's order is erroneous. Although ORS 183.484 contemplates a record for review in all circumstances, and findings of fact based on that record when the circuit court reverses the agency, nothing in the APA directs an agency in other than a contested case proceeding to make a record or to make findings of fact before issuing its order.