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DEMPSEY v. SENIOR SERVICES DIVISION

CA A36403.

758 P.2d 367 (1988)

92 Or.App. 163

In the matter of Thomas DEMPSEY, Claimant. Thomas Dempsey, Petitioner, v. SENIOR SERVICES DIVISION, Respondent.

Court of Appeals of Oregon.

Decided July 20, 1988.

Reargued May 13, 1988.

Attorney(s) appearing for the Case

Stephen L. Brischetto, Portland, argued the cause for petitioner. With him on the brief was Baldwin & Brischetto, Portland.

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.

RICHARDSON, Presiding Judge.

Petitioner, a mentally retarded young adult, seeks review of the Senior Services Division's (SSD) denial of his request for placement at SSD's Mt. Scott Residential Care Facility (Mt. Scott).1 SSD based its decision on OAR 410-05-080 to 410-05-100, its rules implementing ORS 410.040 et seq.2 The rules establish a scheme whereby different residential facilities are provided...

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