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SVIDENKO v. DMV

201002471; A146173.

267 P.3d 200 (2011)

246 Or. App. 673

Konstantin Y. SVIDENKO, Petitioner, v. DRIVER AND MOTOR VEHICLE SERVICES DIVISION (DMV), a division of the Department of Transportation, Respondent.

Court of Appeals of Oregon.

Decided November 23, 2011.

Attorney(s) appearing for the Case

Lance R. Clark argued the cause and filed the brief for petitioner.

Michael R. Washington, Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Mary H. Williams, Solicitor General.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

Petitioner filed an untimely request for a hearing with the Oregon Driver and Motor Vehicles Services Division (DMV) to contest the suspension of his driving privileges. DMV denied the request and petitioner seeks judicial review. As he did before DMV, he argues that his untimeliness resulted from "just cause" as defined by DMV rules and that therefore DMV erred in denying his request. ORS 813.440(l)(g). Further, he contends that DMV's order lacked ...

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