Hessel v. Department of Corrections

In this rule challenge under ORS 183.400, petitioners, inmates at a Department of Corrections facility, seek review of three rules promulgated by the department: OAR 291-105-0005(3)(d), OAR 291-105-0010(29), and OAR 291-lOS-OOlSCéXn).1 Specifically, petitioners contend that (1) the department exceeded its authority in adopting OAR 291-105-0005(3)(d), which provides for the retroactive application of a separate rule, because the department lacks authority to “adopt a rule that is applied retroactively”; (2) OAR 291-105-0010(29), which defines “order” for purposes of department rules governing…