Hessel v. Dept. of Corrections

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Administrative Law
  • Date Filed: 08-03-2016
  • Case #: A148471
  • Judge(s)/Court Below: Armstrong P.J. for the Court; Hadlock C.J.; & Egan J.
  • Full Text Opinion

It is within the general statutory policy given to the Department of Corrections to govern, manage, and administer prisons.

Inmates at a Department of Corrections facility challenged three rules promulgated by the Department as exceeding its statutory authority. The Court found that the Department's defining “order” for misconduct purposes does not exceed the Department’s statutory authority. Further, it is within the general statutory policy given to the Department of Corrections to govern, manage, and administer prisons; therefore, the Department can promulgate a rule for inmate discipline, which defines “order” broadly enough to include “federal, state and local laws.” As a result, all three rules were held valid.

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