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SMITH v. DEPARTMENT OF CORRECTIONS

A155103.

369 P.3d 1213 (2016)

276 Or.App. 862

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

Court of Appeals of Oregon.

Decided March 9, 2016.

Attorney(s) appearing for the Case

Tonia L. Moro argued the cause and filed the reply brief for petitioner. Arlen Porter Smith filed the opening brief pro se.

Judy C. Lucas , Assistant Attorney General, argued the cause and filed the brief for respondent. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before SERCOMBE, Presiding Judge, and ORTEGA, Judge, and TOOKEY, Judge.

Petitioner challenges the validity of a rule adopted by the Department of Corrections (DOC), OAR 291-124-0016(2), requiring the clinical director of DOC's Health Services to appoint the chief medical officer for each DOC institution. Petitioner also challenges the validity of DOC's "Health Policy and Procedure # P-A-02.1" (health policy...

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