late hearing (Oregon) · Go Syfert
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late hearing in Oregon

7 Oregon opinions name it 2 courts 1989–2025 3 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Gordon v. Teacher Standards & Practices Commissiongreen
orctapp · 2012 · cited in 3 Oregon opinions naming this issue, 2015–2025
2 sentences

2015Emphasizing that it is the agency’s “responsibility to explain the reasoning for its order,” we vacated the TSPC’s order on reconsideration and remanded “the case to the TSPC for it to reconsider its order on reconsideration denying [the] petitioner’s request for a late hearing.” Id. at 729 .

2015To summarize: like the order in Gordon , this order does not give us a way “to determine * * * whether the agency was not persuaded [by the petitioner’s explanation for the late hearing request] because it disbelieved the facts underlying petitioner’s submissions or because it concluded that those facts, although undisputed, were legally insufficient.” 265 Or App at 728 .

23
El Rio Nilo, LLC v. Oregon Liquor Control Commissiongreen
orctapp · 2011 · cited in 1 Oregon opinions naming this issue, 2023–2023
2 sentences

2023See El Rio Nilo, LLC v. OLCC, 240 Or App 362, 369-70 , 246 P3d 508 (2011) (reviewing OLCC’s decision to deny a late hearing request under OAR 137-003-0528 for abuse of discretion).3 3 To the extent that licensee suggests that other standards of review might apply in addition to abuse of discretion, we conclude that abuse of discretion is the correct standard. 336 JGB Enterprises, LLC v. OLCC Alternatively, licensee argues that OLCC at least needed to hold a “good cause” hearing before denying the request.

2023See El Rio Nilo, LLC v. OLCC, 240 Or App 362, 369-70 , 246 P3d 508 (2011) (reviewing OLCC’s decision to deny a late hearing request under OAR 137-003-0528 for abuse of discretion).3 3 To the extent that licensee suggests that other standards of review might apply in addition to abuse of discretion, we conclude that abuse of discretion is the correct standard. 336 JGB Enterprises, LLC v. OLCC Alternatively, licensee argues that OLCC at least needed to hold a “good cause” hearing before denying the request.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Hendrickson Trucking, Inc. v. Oregon Department of Transportation neutral
orctapp · 2015
2 sentences

2025Hendrickson Trucking, Inc. v. ODOT, 270 Or App 633, 644 , 349 P3d 585 (2015) (quoting Gordon, 265 Or App at 728 ; omissions in Hendrickson; brackets omitted); see also id. at 644 (vacating and remanding for reconsider- ation because order did not include a “rationale for deter- mining that petitioner did not have good cause for missing the 30-day deadline,” and was, therefore, not “supported by substantial reason”); Gordon, 265 Or App at 723, 726 (vacat- ing and remanding for reconsideration because order was “inadequate for judicial review as to the rejection of peti- tioner’s late request fo

2025Hendrickson Trucking, Inc. v. ODOT, 270 Or App 633, 644 , 349 P3d 585 (2015) (quoting Gordon, 265 Or App at 728 ; omissions in Hendrickson; brackets omitted); see also id. at 644 (vacating and remanding for reconsider- ation because order did not include a “rationale for deter- mining that petitioner did not have good cause for missing the 30-day deadline,” and was, therefore, not “supported by substantial reason”); Gordon, 265 Or App at 723, 726 (vacat- ing and remanding for reconsideration because order was “inadequate for judicial review as to the rejection of peti- tioner’s late request fo

22025–2025
Meritage at Little Creek v. Employment Department neutral
orctapp · 2009
2 sentences

2014Moreau (EAB Decision ll-AB-2800 (Oct 5, 2011)) and our decision in Meritage at Little Creek v. Employment Dept., 232 Or App 554 , 222 P3d 736 (2009), cases in which reliance on or confusion resulting from misleading advice from the department had constituted good cause for a late hearing request. 4 EAB concluded that (1) “to the extent the employer filed a late request for hearing as the result of the Department’s faulty, misleading or misunderstood advice, good cause has been shown” under Meritage at Little Creek and (2) to the extent that employer filed a late hearing request as the result o

2014Moreau (EAB Decision ll-AB-2800 (Oct 5, 2011)) and our decision in Meritage at Little Creek v. Employment Dept., 232 Or App 554 , 222 P3d 736 (2009), cases in which reliance on or confusion resulting from misleading advice from the department had constituted good cause for a late hearing request. 4 EAB concluded that (1) “to the extent the employer filed a late request for hearing as the result of the Department’s faulty, misleading or misunderstood advice, good cause has been shown” under Meritage at Little Creek and (2) to the extent that employer filed a late hearing request as the result o

12014–2014
ETU, Inc. v. Environmental Quality Commission green
orctapp · 2006
1 sentence

2007The court reiterated that DEQ’s failure to serve respondents’ lawyer was “of no consequence,” in light of its earlier conclusion that “no statute or rule required DEQ to do so.” ETU, 205 Or App at 295 .

12007–2007
State ex rel. Town Concrete Pipe, Inc. v. Andersen green
or · 1973
2 sentences

1989NOTES [1] In Andersen , the court assumed, on the basis of Rodda, that it had the authority to allow a late claim for attorney fees but declined to do so, because "the plaintiff has not made a showing which would justify the court in granting the extension." 265 Or. at 595 n. 1, 510 P.2d 564 . [2] The District Attorney's affidavit further states that counsel decided to stay with her client until the jury returned its verdict. [3] We emphasize that counsel has provided medical documentation both of her medical condition and its affect on her ability to prepare and file a fee petition.

1989NOTES [1] In Andersen , the court assumed, on the basis of Rodda, that it had the authority to allow a late claim for attorney fees but declined to do so, because "the plaintiff has not made a showing which would justify the court in granting the extension." 265 Or. at 595 n. 1, 510 P.2d 564 . [2] The District Attorney's affidavit further states that counsel decided to stay with her client until the jury returned its verdict. [3] We emphasize that counsel has provided medical documentation both of her medical condition and its affect on her ability to prepare and file a fee petition.

11989–1989

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 183.482 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 279 (1901–2026) CA 221 (1963–2026) NJ 51 (1903–2025) MA 13 (1958–2024) OR 7 (1989–2025) IL 7 (1991–2025) MN 6 (1986–2003) VI 5 (1982–2014) CT 4 (1964–2010) OH 4 (1984–2003) MD 4 (1970–2012) TX 3 (1997–2008) MO 3 (1997–2020) KS 3 (1991–2008) FL 3 (1981–2003) DC 2 (2014–2016) NV 2 (1967–1975) GA 2 (1967–2017) WA 2 (2018–2021) ME 2 (2015–2024) CO 2 (1979–1981)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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