Rodriguez v. Board of Parole & Post-Prison Supervision

The primary issue in this case is what constitutes a “substantial question of law” for purposes of a motion for leave to proceed filed under ORS 144.335(6), relating to judicial review of orders of the Board of Parole and Post-Prison Supervision. We conclude that a substantial question of law is presented by petitioner’s motion for leave to proceed with judicial review and grant the motion.

Unlike the ordinary process for judicial review of decisions of other administrative agencies in which briefing directly follows the filing of the record, pursuant to legislation adopted in 2001, a…