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CURTISS v. DEPT. OF CORRECTIONS

A130405.

157 P.3d 279 (2007)

212 Or. App. 42

Daniel Gene CURTISS, Petitioner, v. DEPARTMENT OF CORRECTIONS, Birdie Worley, Rules Coordinator, Respondent.

Court of Appeals of Oregon.

Decided April 11, 2007.

Attorney(s) appearing for the Case

Daniel Gene Curtiss filed the brief pro se.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denise G. Fjordbeck, Senior Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.

HASELTON, P.J.

Petitioner, an inmate in a Department of Corrections (DOC) facility, challenges the validity of a DOC rule, OAR 291-100-0080, which pertains to DOC's calculation of credit for time served. Petitioner asserts that the rule exceeds the authority of the DOC because it contradicts one of the provisions of ORS 137.370(2). On judicial review of the validity of a rule pursuant to ORS 183.400, we determine whether...

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