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SMITH v. DEPT. OF CORRECTIONS

A132629.

259 P.3d 42 (2011)

243 Or. App. 45

Arlen Porter SMITH and Dwayne Edward Abraham, Petitioners, v. DEPARTMENT OF CORRECTIONS and Board Of Parole & Post-Prison Supervision, Respondents.

Court of Appeals of Oregon.

Decided May 25, 2011.

Attorney(s) appearing for the Case

Arlen Porter Smith , and Dwayne E. Abraham , filed the briefs pro se.

John R. Kroger , Attorney General, David B. Thompson , Interim Solicitor General, and Erin C. Lagesen , Assistant Attorney General, filed the brief for respondents.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Senior Judge.

SCHUMAN, P.J.

Petitioners challenge rules promulgated by the Department of Corrections (DOC) and the Board of Parole and Post-Prison Supervision (board) that refer to "STATIC-99," an actuarial risk assessment instrument. Petitioners argue that, due to their unelaborated reference to STATIC-99, the rules are unconstitutionally vague, unlawfully promulgated, and amount to an unlawful delegation of rulemaking authority to a private entity. We agree with some of petitioners...

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