Hale v. OREGON STATE PENITENTIARY, ETC.

JOHNSON, J.,

specially concurring.

I agree with the majority that ORS 421.195 and ORS 183.482 contemplate reversal in appropriate circumstances and that this is such an instance. I cannot, however, agree with the majority’s reasoning for reaching its conclusion that "having made the rules, the Corrections Division is bound by them.” The implication is that the Corrections Division should change its rules to avoid reversals in the future. The Corrections Division’s rules prescribe a precise and expeditious timetable for the conduct of disciplinary proceedings, including the time within which the *533…