Smith v. Dept. of Corrections

309 Submitted June 1, 2018, petition for judicial review dismissed October 30, 2019 ARLEN PORTER SMITH, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent. Department of Corrections A165044

454 P3d 12

Petitioner seeks judicial review under ORS 183.400 of a policy of the Health Services Section of the Operations Division of the Oregon Department of Corrections. Petitioner argues that the policy is actually an administrative “rule” within the meaning of ORS 183.310(9) that is invalid because it was adopted without proper rulemaking procedures. ORS 183.400(4)(c). Held: The Court of Appeals lacks…