Legal Opinion

Smith v. Dep't of Corr.

Court of Appeals of Oregon

Decided June 19, 2019No. A156552Published

1Opinion of the CourtTookey, J.

*191Petitioner, an inmate at Two Rivers Correctional Facility, challenges the validity of certain policies and administrative rules adopted by respondent, the Department of Corrections (DOC). For the reasons explained below, we conclude that the challenged policies that govern searches of dreadlocks and Native American medicine bags are not rules subject to the formalities of rulemaking because the policies set forth how DOC's validly adopted rules governing searches of religious and spiritual items, including hair and garments, necessarily operate in specific contexts; therefore, we lack…

2Cases cited15 opinions

  1. State v. GainesOregon Supreme Court · 2009
  2. Sun Ray Drive-In Dairy, Inc. v. Oregon Liquor Control CommissionCourt of Appeals of Oregon · 1973
  3. Oregon Trail Electric Consumers Cooperative, Inc. v. Co-Gen Co.Court of Appeals of Oregon · 2000
  4. Welker Ex Rel. Bradbury v. Teachers Standards & Practices CommissionOregon Supreme Court · 2001
  5. Oregon Ass'n of Acupuncture & Oriental Medicine v. Board of Chiropractic ExaminersCourt of Appeals of Oregon · 2014

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API