Curtiss v. Department of Corrections

Petitioner, an inmate in a Department of Corrections (DOC) facility, challenges the validity of a DOC rule, OAR 291-100-0080, which pertains to DOC’s calculation of credit for time served. Petitioner asserts that the rule exceeds the authority of the DOC because it contradicts one of the provisions of ORS 137.370(2). On judicial review of the validity of a rule pursuant to ORS 183.400, we determine whether “the substance of the action, though within the scope of the agency’s or official’s general authority, departed from a legal standard expressed or implied in the particular law being…