Abraham v. Board of Parole

Under ORS 144.335(1), when a person aggrieved by a board order fails to timely seek judicial review of the order, and subsequently seeks reconsideration, any denial of review is not a final order for the purpose of judicial review.

Abraham was designated a predatory sex offender in 1995, after which he did not seek review; however, in 2012, Abraham challenged this status to the Board of Parole and Post-Prison Supervision (Board), who denied review as untimely and denied the request to reopen and reconsider the designation. Abraham argued on appeal that the Board erred in the initial designation and its denial of review, and the State asserted that, under ORS 144.335(1)(b), Abraham failed to exhaust administrative remedies and therefore the Court lacked jurisdiction to review the Board's order. The Court held that the Board's denial of review is not a final order for purposes of judicial review under ORS 144.335(1) and that because Abraham did not seek timely judicial review of the 1995 order the order denying review is not a reviewable final order. Petition dismissed.