Abreu v. Coughlin

OPINION OF THE COURT

Jan H. Plumadore, J.

Petitioner challenges the results of a March 7, 1988 Tier III disciplinary hearing which found he had violated inmate rule 113.12, use of a controlled substance, due to various alleged data-entry omissions and the incorrectness of the urinalysis forms. Respondents move to dismiss for failure to state a cause of action. Distilled down at this stage of the proceeding, the issue is whether or not the Department of Correctional Services is required to file with the Secretary of State forms whose texts are set forth in the body of a rule.

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