Smith v. Department of Corrections

Petitioner, an inmate at Two Rivers Correctional Institution, challenges a “Notice of Rights” form that officials from the Department of Corrections (department) provide prior to inmate disciplinary proceedings. In an earlier case brought by the same inmate and involving a notice of rights form provided by the Board of Parole and Post-Prison Supervision (board), this court held that, as petitioner argued, the notice amounted to a rule that had not been properly promulgated according to the procedures required under the Administrative Procedures Act (the APA), ORS chapter 183; we concluded…