Kessler v. Oregon Corrections Division

Petitioner was an inmate of the Oregon State Penitentiary. Following an administrative hearing, petitioner was transferred to a maximum security institution outside the State of Oregon. The procedures used to transfer petitioner from the Oregon State Penitentiary had not been adopted in compliance with the Oregon Administrative Procedures Act (APA), ORS 183.310 et seq.1

The "rules” of an agency must be adopted in accordance with the APA rule-making provisions. A "rule” means:

"* * * any agency directive, regulation or statement of general applicability that implements, interprets or prescribes…