Lewis v. Board of Parole

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Administrative Law
  • Date Filed: 07-01-2015
  • Case #: A154430
  • Judge(s)/Court Below: PER CURIAM; Sercombe, P.J.; Tookey, J.; & Edmonds, S.J.
  • Full Text Opinion

Under ORS 144.335(1), an agency's denial of a petition for reconsideration of a final order is not itself a final order for purposes of judicial review.

The Board of Parole (Board) designated Lewis a predatory sex offender in 1998, after which Lewis did not seek review. In 2012, after the Board amended the terms of Lewis' supervision, Lewis sought review of the 1998 original designation and the 2012 "re-designation." The Board denied review, and on petition to the Court for review the State asserted that the Court had a lack of jurisdiction because (1) Lewis had failed to exhaust all administrative remedies in 1998, (2) in 2012 there was no "re-designation," and (3) because the Board's denial of review was not a reviewable final order. The Court agreed with the State, holding that, under ORS 144.335(1), a person may only seek judicial review of a final order when that person has exhausted administrative review remedies provided by the Board, and that a denial of reconsideration of an earlier final order is not itself a reviewable final order. Petition dismissed.

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