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LOVELACE v. BOARD OF PAROLE AND POST-PRISON SUPERVISION

(CA A107316)

7 P.3d 671 (2000)

168 Or. App. 700

Scott LOVELACE, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

Court of Appeals of Oregon.

Decided June 28, 2000.

Attorney(s) appearing for the Case

Scott A. Lovelace filed the briefs pro se.

Philip Schradle, Assistant Attorney General, filed the brief for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

PER CURIAM.

In this original proceeding under ORS 183.400, petitioner challenges the validity of OAR 255-080-0012(2), which provides that the Board of Parole and Post-Prison Supervision "may open a case for reconsideration of a finding without receiving a request, without regard to time limits, and without opening all findings for review and appeals." Petitioner argues that the result of the rule is that no Board order is truly final. It follows, he asserts, that...

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