Long v. Board of Parole & Post-Prison Supervision

I agree with the majority s opinion that we are bound by this court’s decision in V. L. Y. v. Board of Parole, 188 Or App 617, 72 P3d 993 (2003). I therefore join with the majority opinion. However, I write separately to note that the effect of this court’s majority opinion in V. L. Y. is to reject petitioner’s arguments that he is entitled to a predetermination hearing in the event that the board determines that the facts that it *64relies on to designate him as a predatory sex offender are derived from his criminal history. In other words, it is possible that on remand the board, under our…