Kellas v. Department of Corrections

This is a case of judicial review of administrative rules. Petitioner below (respondent on review) Kellas 1 challenges the lawfulness of two administrative rules under ORS 183.400, which provides, in part, that “[t]he validity of any rule may be determined upon a petition by any person to the Court of Appeals!.]” (Emphasis added.) The Court of Appeals declined to reach the merits of petitioner’s arguments because it concluded that petitioner lacked standing to challenge the rules in question. The Court of Appeals dismissed the petition. We reverse.

We take the pertinent facts from the record…