Larsen v. Board of Parole and Post-Prison Supervision

Petitioner seeks reconsideration of the Appellate Commissioners order dismissing his petition for judicial review of an order by respondent Board of Parole and Post-Prison Supervision. In 2002, petitioner requested that the board conduct a murder review hearing under ORS 163.105(3) (1977). The board ultimately denied relief. Petitioner requested administrative review of that decision and then, before the board acted on that request, filed the petition for judicial review at issue here. The board moved to dismiss the petition for judicial review, and the commissioner granted the boards motion on the ground that petitioner had not exhausted his administrative remedies as required by ORS 144.335(1)(b). Petitioner now seeks reconsideration of the commissioners order. We conclude that the commissioner correctly dismissed the petition for judicial review.