Nulph v. Board of Parole

Petitioner seeks judicial review of an order of the Board of Parole and Post Prison Supervision (board), denying his request for a parole consideration hearing. Petitioner contends that the board’s order denying his request either misinterprets and misapplies the relevant statute, ORS 144.228(1)(c),1 or did not interpret the statute at all. The board responds that it properly applied ORS 144.228(1)(c). Because we conclude that the board erred in failing to interpret ORS 144.228(1)(e), we remand to the board for further proceedings.2

We review an order of the board “on the same basis as…