Smith v. Board of Parole & Post-Prison Supervision

Pursuant to ORS 183.400(1), petitioner challenges the validity of OAR 255-030-0025 and OAR 255-030-0026, administrative rules adopted by the Board of Parole and Post-Prison Supervision (the board). Petitioner argues that the rules violate the board’s statutory authority because they place limits on persons whom an inmate may have in attendance at board hearings. Petitioner also argues that the board’s rulemaking is invalid because the board rules were not “promulgated jointly” with the Department of Corrections (the department), as required by ORS 144.123. Petitioner recognizes that the…