Smith v. Department of Corrections

As allowed by ORS 183.400, petitioner seeks a judicial determination of the validity of an administrative rule — OAR 291-077-0035 (Jan 14, 2014) — amended by the Oregon Department of Corrections (DOC). Petitioner contends that the ground on which we should declare the rule invalid is that DOC amended the rule without complying with applicable rulemaking procedures. ORS 183.400(4)(c). Petitioner asserts two ways that DOC failed to follow the procedural requirements.

First, DOC did not appoint a fiscal impact advisory committee to provide input on the amended rule’s fiscal impact, and petitioner…