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SMITH v. DEPARTMENT OF CORRECTIONS

A146442.

284 P.3d 1244 (2012)

251 Or. App. 775

Arlen Porter SMITH, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent.

Court of Appeals of Oregon.

Decided August 22, 2012.

Attorney(s) appearing for the Case

Arlen Porter Smith filed the brief pro se.

John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Erin C. Lagesen , Assistant Attorney General, filed the brief for respondent.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

SCHUMAN, P.J.

Petitioner, an inmate at Two Rivers Correctional Institution, challenges a "Notice of Rights" form that officials from the Department of Corrections (department) provide prior to inmate disciplinary proceedings. In an earlier case brought by the same inmate and involving a notice of rights form provided by the Board of Parole and PostPrison Supervision (board), this court held that, as petitioner argued, the notice amounted to a rule that had not been...

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