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SMITH v. BOARD OF PAROLE AND POST-PRISON

A146029.

284 P.3d 1150 (2012)

250 Or. App. 345

Arlen SMITH, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

Court of Appeals of Oregon.

Decided June 6, 2012.

Attorney(s) appearing for the Case

Arlen Porter Smith filed the briefs pro se.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Matthew J. Lysne , Assistant Attorney General, filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.

ARMSTRONG, P.J.

In this proceeding pursuant to ORS 183.400,1 petitioner asserts, in his first assignment of error, that a notice-of-rights form used by the Board of Parole and Post-Prison Supervision (the board) constitutes a "rule" for purposes of the Administrative Procedures Act (the APA), ORS chapter 183, and is therefore invalid because it was adopted without compliance with the applicable rulemaking procedures. ORS 183.400(4)(c)...

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