SMITH v. DEPT. OF CORRECTIONS

A165756.

493 P.3d 573 (2021)

314 Or. App. 104

Arlen Porter SMITH and Kenneth Robert Banes, Petitioners, v. DEPARTMENT OF CORRECTIONS, Respondent.

Court of Appeals of Oregon.

August 18, 2021.


Attorney(s) appearing for the Case

Arlen Porter Smith and Kenneth Robert Banes filed the brief pro se.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Leigh A. Salmon , Assistant Attorney General, filed the brief for respondent.

Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge.


Petitioner, an inmate at Two Rivers Correctional Institution, invokes our authority to review the validity of a rule under ORS 183.400. He challenges three portions of the Offender Information and Sentence Computation Unit Manual that he contends should be deemed invalid as "rules" promulgated without...

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