Moody v. Dept. of Human Services

“By running a period of a specified number of days from a date of mailing, the legislature indicates its intention that the period extend exactly that number of days from the date of mailing and no more.” See Quillen, 159 Or App at 9-10.

Petitioner petitioned under ORS 183.484 for judicial review of a final Department of Human Services order. Petitioner assigned errOR to the trial court’s dismissal of his petition. Petitioner allegeD that the 60-day time period specified in ORS 183.484 does not preclude a petition, send by mail, that arrives within 63 days. The relevant facts are as follows, the Department of Human Services mailed the final order to petitioner on December 1, 2018. Petitioner received the order on December 4, 2018, and sent his petition by mail on February 1, 2019. On appeal, Petitioner argueD that ORCP 10 B applies where, as here, an agency serves its final order by mail. Petitioner reasoned that because he did not receive the final order until 3 days after it was mailed, he is granted 3 additional days to petition. The Court held that “by running a period of a specified number of days from a date of mailing, the legislature indicates its intention that the period extend exactly that number of days from the date of mailing and no more.” See Quillen, 159 Or App at 9-10. Affirmed.