Clark v. Schumacher

*3JOSEPH, C. J.

Petitioner seeks judicial review of the validity of two Department of Corrections rules that authorize fines for prison disciplinary violations. ORS 183.400.

The rules are titled “Inmate Prohibited Conduct and Procedure for Processing Disciplinary Actions.” The notice of intended rulemaking was dated January 29,1989. The amendments were effective on April 21, 1989. OAR 291-105-036 is headed “Imposition of Sanctions-Informal Disciplinary Hearings” and.provides, in part:

“Upon finding that a violation occurred as charged, the Disciplinary Adjudicator may:

“(9) Impose a fine not to…