Smith v. Department of Corrections

Petitioners seek judicial review of the validity of Department of Corrections administrative rules relating to inmate medical services. They assert that the rules were not properly adopted and that they exceed the agency’s statutory authority. ORS 183.400(4).1

Petitioners first argue that department failed to give proper notice of intent to adopt the rules. ORS 183.325(2) (a) requires that notice of intent to adopt a rule shall

“[s]tate the subject matter and purpose of the intended action in sufficient detail to inform a person that the person’s interests may be affected * * *.”

The notice here…