Haynes v. Board of Parole

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Administrative Law
  • Date Filed: 06-03-2015
  • Case #: A157908
  • Judge(s)/Court Below: PER CURIAM. Duncan, P.J.; Lagesen, J.; & Flynn, J.
  • Full Text Opinion

ORS 183.400 authorizes only facial challenges to agency rules, and does not allow constitutional challenges in particular circumstances.

Petitioner Haynes challenged OAR 255-062-0021(2)(c)(C), which allowed the Board of Parole (Board) to require a copy of an inmate's "Spending Account" with a petition for an interim hearing, where the inmate's hearing was deferred for more than two years. Petitioner challenged the rule under ORS 183.400, arguing the rule violated his constitutional rights because it allowed the Board to rely on the circumstances surrounding financial standing in its denial of his petition. The Court held ORS 183.400 allows only facial challenges to agency rules, and not constitutional challenges in particular circumstances. OAR 255-062-0021(2)(c)(C) held valid.

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