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SMITH v. DEPARTMENT OF CORRECTIONS

A155943.

361 P.3d 655 (2015)

274 Or. App. 713

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

Court of Appeals of Oregon.

Decided November 4, 2015.

Attorney(s) appearing for the Case

Arlen Porter Smith filed the opening brief pro se.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Karla H. Ferrall , Assistant Attorney General, filed the brief for respondent.

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

PER CURIAM.

As allowed by ORS 183.400, petitioner seeks a judicial determination of the validity of an administrative rule—OAR 291-077-0035 (Jan. 14, 2014)—amended by the Oregon Department of Corrections (DOC). Petitioner contends that the ground on which we should declare the rule invalid is that DOC amended the rule without complying with applicable rulemaking procedures. ORS 183.400(4)(c). Petitioner asserts two ways that DOC failed to follow the...

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