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SHARP v. BOARD OF PAROLE

A167160.

427 P.3d 1145 (2018)

294 Or.App. 506

Jeffrey G. SHARP, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

Court of Appeals of Oregon.

October 17, 2018.

Attorney(s) appearing for the Case

Jeffrey Sharp filed the briefs pro se.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Keith L. Kutler , Assistant Attorney General, filed the brief for respondent.

Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

Under ORS 183.400, petitioner challenges OAR 255-032-0005(2), a rule adopted by the Board of Parole and Post-Prison Supervision, asserting that the rule is invalid because it violates two constitutional provisions. See ORS 183.400(4) (court shall declare a rule invalid only if the rule violates constitutional provision, exceeds the statutory...

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