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SMITH v. DEPT. OF CORRECTIONS

A163599.

456 P.3d 310 (2019)

301 Or. App. 299

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

Court of Appeals of Oregon.

December 11, 2019.

Attorney(s) appearing for the Case

Arlen Porter Smith filed the briefs pro se.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Jona J. Maukonen , Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Powers, Judge, and Mooney, Judge.

Petitioner, an inmate at Two Rivers Correctional Institution, invokes our jurisdiction under ORS 183.400 to challenge the validity of the Department of Corrections (DOC) "Commissary Operations" policy, DOC Policy 40.2.3. He does so on two grounds. First, he contends that the policy contains multiple provisions that amount to agency rulemaking...

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