Legal Opinion
Smith v. Two Rivers Correctional Institution
Court of Appeals of Oregon
Decided October 16, 2013No. A147284, A152303PublishedCited by 13 opinions
1Opinion of the CourtArmstrong, P. J.
In this proceeding pursuant to ORS 183.400(1), petitioner challenges the validity of what he contends are administrative rules adopted by respondent Two Rivers Correctional Institution (TRCI). We dismiss some of petitioner’s challenges and hold some of the challenged material invalid.
Our review under ORS 183.400 is limited in scope to “the face of the rule and the law pertinent to it." AFSCME Local 2623 v. Dept. of Corrections, 315 Or 74, 79, 843 P2d 409 (1992); see also ORS 183.400(3) (in facial rule challenge, court may examine only the rule, statutory provisions authorizing the rule, and…
2Cases cited7 opinions
- AFSCME Local 2623 v. Department of CorrectionsOregon Supreme Court · 1992
- Burke v. Public Welfare DivisionCourt of Appeals of Oregon · 1977
- Horton v. NelsonCourt of Appeals of Oregon · 2012
- Smith v. Board of Parole & Post-Prison SupervisionCourt of Appeals of Oregon · 2012
- Associated Oregon Veterans v. Department of Veterans' AffairsCourt of Appeals of Oregon · 1988
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- PNW Metal Recycling, Inc. v. DEQCourt of Appeals of Oregon · 2022
- Smith v. Department of Consumer & Business ServicesCourt of Appeals of Oregon · 2017
- Brown v. Parks & Recreation Dep'tCourt of Appeals of Oregon · 2019
- Smith v. Department of CorrectionsCourt of Appeals of Oregon · 2016
- Smith v. Dept. of CorrectionsCourt of Appeals of Oregon · 2019
8 more not listed; retrieve them via the Exa API.