Opinion
TC-MD 130377C
08-01-2013
JOHN P. HERIZA and HEATHER K. WOOD, Plaintiffs v. DEPARTMENT OF REVENUE, State of Oregon, Defendant.
DECISION OF DISMISSAL
DAN ROBINSON MAGISTRATE, JUDGE.
This matter is before the court on Defendant's Motion to Dismiss on the ground that Plaintiffs failed to appeal within the 90 days required by statute.
A review of the parties' materials show the Notice of Proposed Refund Adjustment was mailed to Plaintiffs on April 26, 2012. The Notice of Proposed Refund Adjustment became final on May 26, 2012, (30 days). ORS 305.265(7). Plaintiffs had 90 days from the day the Notice became final to appeal. ORS 305.280(2). Plaintiffs had until August 24, 2012, to appeal once the notice became final. The Complaint was filed on June 7, 2013. That interval is longer than the 90 days required by ORS 305.280(2).
The court is not aware of any circumstances that extend the statutory limit of 90 days. Defendant's Motion to Dismiss is granted. Now, therefore, IT IS THE DECISION OF THIS COURT that Defendant's Motion to Dismiss is allowed. The Complaint is dismissed.