Petitioner, the prevailing party in Davidson v. Employment Division, 48 Or App 119, 616 P2d 540 (1980), has moved for an award of attorney fees under ORS 183.495, which provides:

"Upon judicial review of a final order of an agency when the reviewing court reverses or remands the order it may, in its discretion, award costs, including reasonable attorney fees, to the petitioner to be paid from funds appropriated to the agency.”

In Wasco County v. AFSCME, 31 Or App 765, 767-68, 571 P2d 549 (1977), we declined to award attorney fees under the above statute because they would perforce be paid out of funds appropriated to the Employment Relations Board, an administrative agency that had functioned as a disinterested adjudicatory tribunal. We reasoned:

"* * * When so functioning, an agency is like a specialized court, and we are not aware of any serious suggestion that when a court is reversed an award of attorney fees be made to the winner on appeal, to be paid out of the court’s operating funds.” 31 Or App 767.

Here, the Employment Division and its Appeals Board acted not iii the capacity of a party, but rather as a disinterested tribunal with quasi-judicial powers (see ORS 657.630, 657.690), which adjudicated rights between the employer and the employe. As in Wasco County, we exercise our discretion against awards of attorney fees in such cases. 1

Petition denied.