Byers v. Dept. of Corrections (A174503)

28 Submitted March 4, rule held valid April 13, 2022 ROBERT JEROME BYERS, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent. Department of Corrections A174503

510 P3d 286

In this rule challenge under ORS 183.400, petitioner, who is an adult in the custody of the Oregon Department of Corrections (DOC), challenges the validity of portions of OAR 291-131-0035, an administrative rule of the DOC relating to inmate possession of sexually explicit material. Held: The Court of Appeals rejected petitioner’s contentions that the administrative rule exceeded DOC’s authority and was facially invalid.…