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Smith v. Dept. of Corrections

Summarized by: 

Date Filed: 08-22-2012
Case #: A146442
Schuman, P.J. for the Court; Wollheim, J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A146442.pdf

Administrative Law: Under ORS 183.310(9), a rule of conduct for individuals who are in the custody of the Department of Corrections does not need to be promulgated pursuant to the APA.

Smith contested a "Notice of Rights" form that was issued to him by the Department of Corrections (Department) before an inmate disciplinary hearing. Smith is an inmate at Two Rivers Correctional Institution. He argued that the Notice fits the description of a rule, but it was not promulgated through the required procedures of the Administrative Procedures Act (APA) and is therefore invalid. The Department argued that, under ORS 183.310(9), rules of conduct for individuals in the custody of the Department, such as the Notice, are not treated the same as a "rule" under the APA. The Court of Appeals held that the Notice is a rule of conduct and therefore does not need to be promulgated according to the APA. The Notice is valid. Petition for judicial review dismissed.