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SMITH v. DEPARTMENT OF CORRECTIONS

A132629.

262 P.3d 404 (2011)

245 Or. App. 640

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.

On Respondent Board of Parole & Post-Prison Supervision's Petition for Reconsideration July 12, 2011.

Decided September 21, 2011.

Attorney(s) appearing for the Case

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Erin C. Lagesen , Assistant Attorney General, for petition.

Arlen Porter Smith pro se for response.

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

PER CURIAM.

The Board of Parole and Post-Prison Supervision (board) seeks reconsideration of our decision in Smith v. Dept. of Corrections, 243 Or.App. 45, 259 P.3d 42 (2011). In that decision, petitioners challenged six administrative rules that referenced an actuarial risk assessment instrument called the STATIC-99. Two of those rules—OAR 255-060-0011 and OAR 255-060-0016—...

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