Barrett v. Department of Corrections

Petitioner seeks judicial review of two administrative rules of the Department of Corrections (DOC) pursuant to ORS 183.400. Petitioner argues that DOC lacked statutory authority to enact OAR 291-105-0010(15) 1 and OAR 291-105-0066(5), (6), and (9)(d), 2 concerning prison disciplinary fines, and that the rules violate various constitutional provisions. We reject without discussion petitioner’s constitutional arguments, and write only to address his argument that the rules lack statutory authority. As explained below, we hold that the rules are valid.

OAR 291-105-0010(15) defines “[fiine” as a…