Watson v. Oregon State Penitentiary

Petitioner seeks review of a final order of the Superintendent of the Oregon State Penitentiary which placed him in segregation for 13 days and fined him $100 under OAR 291-105-051 for violating Rule 5, which prohibits the unauthorized possession of property, in this case a mop handle. He contends that the fine is void, because the rule which amended OAR 291-105-051 to provide for a fine as a possible sanction was not promulgated in accordance with ORS 183.335. We reverse.

Corrections Division administrative order CD 29-1986, 2 which became effective in August, 1986, purports to adopt OAR…