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BARTHELL v. DEPARTMENT OF CORRECTIONS

No. A155232.

332 P.3d 369 (2014)

264 Or. App. 462

Justin BARTHELL, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent.

Court of Appeals of Oregon.

Decided July 30, 2014.

Attorney(s) appearing for the Case

Justin Barthell filed the brief pro se.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Jona J. Maukonen , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and DEVORE, Judge, and GARRETT, Judge.

PER CURIAM.

As allowed by ORS 183.400, petitioner seeks a judicial determination of the validity of five administrative rules adopted by the Oregon Department of Corrections (DOC): OAR 291-105-0005(3)(d), OAR 291-127-0320(2)(e), OAR 291-158-0005(3)(b), OAR 291-180-0252(2), and OAR 291-180-0262(2). Petitioner contends that DOC exceeded its rulemaking authority when it expressly provided in the rules that they could be applied retroactively. Having reviewed petitioner...

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