Smith v. Dept. of Corrections

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Administrative Law
  • Date Filed: 01-25-2017
  • Case #: A152888
  • Judge(s)/Court Below: Ortega, P.J. for the Court; DeVore, J.; & Garrett, J.
  • Full Text Opinion

Under ORS 183.310(9)(f), rules of the conduct of inmates are unreviewable by appellate courts; OAR 291-130-0016(3) is such a rule and therefore is unreviewable.

Smith challenged amendments to OAR 291-130-0016(3), authorizing service for three-way calls and any form of call forwarding. Smith argued that the rules constituted unlawful delegation of authority to the telephone service provider, exceeding the department's statutory authority under the APA. The challenged rule regulated the permissible actions of inmates. The Oregon Court of Appeals held the challenged rule was a "rule of conduct" under ORS 183.310(9)(f), and thus was unreviewable. Petition for review dismissed.

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