Smith v. Board of Parole & Post-Prison Supervision

In this proceeding pursuant to ORS 183.400,1 petitioner asserts, in his first assignment of error, that a notice-of-rights form used by the Board of Parole and Post-Prison Supervision (the board) constitutes a “rule” for purposes of the Administrative Procedures Act (the APA), ORS chapter 183, and is therefore invalid because it was adopted without compliance with the applicable rulemaking procedures. ORS 183.400(4)(c). Petitioner further, and alternatively, asserts that the notice-of-rights form violates the federal and Oregon constitutions and contravenes statutory authority. ORS…