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Berger v. State Office for Serv. to Children Fam

Oregon Court of Appeals
Oct 13, 2004
195 Or. App. 732 (Or. Ct. App. 2004)

Summary

dismissing petition for review under ORS 183.482 because petitioner was not entitled to contested case hearing

Summary of this case from G.A.S.P. v. Environmental Quality Commission

Opinion


98 P.3d 1173 (Or.App. 2004) 195 Or.App. 732 Michael BERGER, Petitioner, v. STATE OFFICE FOR SERVICES TO CHILDREN AND FAMILIES, Respondent. BW04593; A117292. Court of Appeals of Oregon. October 13, 2004.

        Argued and Submitted Aug. 24, 2004

        Judicial Review from State Office for Services to Children andFamilies.

        Peter Miller argued the cause and filed the briefs for petitioner.

        Richard D. Wasserman, Attorney-in-Charge, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

        Before WOLLHEIM, Presiding Judge, and DEITS, Chief Judge, and LEESON, Judge pro tempore.

        PER CURIAM.

        This is a companion case to Berger v. SOSCF (A117291), 195 Or.App. 587, 98 P.3d 1127 (2004). Petitioner seeks judicial review of an agency order under ORS 183.482, asserting that he was entitled to a contested case hearing before the agency issued the order. In Berger(A117291), we held that petitioner was not entitled to a contested case hearing and that the proper method for reviewing the final order at issue was by a petition for review under ORS 183.484 in circuit court. As a result of that holding, we conclude that neither ORS 183.482 nor any other statute gives us jurisdiction over this case. We therefore dismiss the petition for review.

        Petition for judicial review dismissed.


Summaries of

Berger v. State Office for Serv. to Children Fam

Oregon Court of Appeals
Oct 13, 2004
195 Or. App. 732 (Or. Ct. App. 2004)

dismissing petition for review under ORS 183.482 because petitioner was not entitled to contested case hearing

Summary of this case from G.A.S.P. v. Environmental Quality Commission
Case details for

Berger v. State Office for Serv. to Children Fam

Case Details

Full title:MICHAEL BERGER, Petitioner, v. STATE OFFICE FOR SERVICES TO CHILDREN AND…

Court:Oregon Court of Appeals

Date published: Oct 13, 2004

Citations

195 Or. App. 732 (Or. Ct. App. 2004)
195 Or. App. 732
97 P.3d 1173

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