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POST v. SALEM-KEIZER SCHOOL DIST.

FDA 96-3; CA A98436; SC S46780

45 P.3d 116 (2002)

334 Or. 61

Lauren POST, Petitioner on Review, v. SALEM-KEIZER SCHOOL DISTRICT and Fair Dismissal Appeals Board, Respondents on Review.

Supreme Court of Oregon.

Decided April 25, 2002.

Attorney(s) appearing for the Case

Monica A. Smith, of Smith, Gamson, Diamond & Olney, Portland, argued the cause and filed the brief for petitioner on review.

Nancy Hungerford, of The Hungerford Law Firm, West Linn, argued the cause for respondent on review Salem-Keizer School District. With her on the briefs was Andrea Hungerford.

No appearance on behalf of respondent on review Fair Dismissal Appeals Board.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, and RIGGS, Justices.

RIGGS, J.

The issue presented in this proceeding is whether the Court of Appeals correctly affirmed an order of a three-member panel of the Fair Dismissal Appeals Board (FDAB) dismissing a teacher's appeal as untimely. We are called upon to decide whether, as FDAB and the Court of Appeals concluded, actual notice is sufficient to trigger the running of the period in which a teacher may appeal to FDAB. We conclude that FDAB improperly dismissed the appeal. We reverse...

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