Smith v. Psychiatric Security Review Board

OAR 859-050-0010 was a validly adopted administrative rule under the guiding statutes ORS 183.413 and ORS 161.346 because the rule included a non-exhaustive, incomplete list of prehearing notice requirements that did not exclude other items that may be required under other statutes.

Petitioner Smith (Smith) initiated a proceeding to challenge the validity of Respondent Psychiatric Security Review Board’s (PSRB) newly adopted rule, OAR 85-050-0010. Smith argues that the rule is inconsistent with ORS 161.346 and ORS 183.413, thus the agency exceeded its statutory authority because the rule failed to require prehearing notices to include all information relevant to the case. The Court concluded that the prehearing notice included all of the relevant information dictated by ORS 161.346(5), but did not include some of the information listed in ORS 183.413(2). Accordingly, the Court held that the rule is valid on its face because it requires a limited and more specific set of advisements for the prehearing notice, and does not exclude the inclusion of additional information. The Court did note that any further challenge to the rule on an “as applied” basis may be entertained. OAR 859-050-0010 held valid.