- Court: Oregon Court of Appeals
- Area(s) of Law: Administrative Law
- Date Filed: 03-06-2019
- Case #: A165166
- Judge(s)/Court Below: Lagesen, P. J. for the Court; DeVore, J.; & James, J.
- Full Text Opinion
Petitioner sought judicial review of a final order in a contested case by the Oregon State Hospital ("Hospital") under ORS. 183.482. Petitioner assigned error to the administrative law judge permitting the Hospital to administer medications to Petitioner without her informed consent. On appeal, Petitioner argued that the Court had jurisdiction over this case because the Hospital's order on reconsideration was legally ineffective. Additionally, Petitioner argued that under ORS 14.175 the court had jurisdiction over certain moot cases. In response, the Hospital contended that the court lacked jurisdiction because Petitioner did not file an amended petition for judicial review of the revised order on reconsideration, as required by ORS 183.482(6). When an agency withdraws an order under ORS 183.482(6) and then files an order on reconsideration that does not merely “affirm[] *** or modif[y] the order with only minor changes,” a petitioner must file a timely amended petition for judicial review of the order on reconsideration if the petitioner seeks to proceed with the case” and failure to timely file an amended petition for judicial review means that the proceeding must be dismissed for lack of jurisdiction. Haskell Corp. v. Filippi, 152 Or App 117 (1998). The Court held that the statute would not allow the Court to resolve a moot case because Petitioner did not file an amended petition for judicial review after the hospital filed its order on reconsideration.
Petition for judicial review dismissed.