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SMITH v. DEPARTMENT OF CORRECTIONS

CA A64001.

804 P.2d 482 (1990)

105 Or. App. 61

Arlen Porter SMITH, Leslie A. Whaley, Randell W. Brown, Francis T. Rothauge, Donald Sager and Ernest L. Smith, Petitioners, v. DEPARTMENT OF CORRECTIONS, Respondent.

Court of Appeals of Oregon.

Decided December 26, 1990.

Attorney(s) appearing for the Case

Arlen Porter Smith, Leslie A. Whaley, Randell W. Brown, Francis T. Rothauge, Donald Sager and Ernest L. Smith, Salem, filed the brief for petitioners.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Jas. Adams, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

Petitioners seek judicial review of the validity of Department of Corrections administrative rules relating to inmate medical services. They assert that the rules were not properly adopted and that they exceed the agency's statutory authority. ORS 183.400(4).1

Petitioners first argue that department failed to give proper notice of intent to adopt the rules. ORS 183.335(2...

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