Smith v. Dept. of Corrections

299 Submitted June 1, 2018, petition for judicial review dismissed December 11, 2019 ARLEN PORTER SMITH, Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent. Department of Corrections A163599

456 P3d 310

Petitioner seeks judicial review under ORS 183.400 of the Oregon Department of Corrections’ (DOC) Commissary Operations Policy. He argues that the policy is a disguised administrative rule and is thus invalid because the DOC adopted it without following proper rulemaking procedures. ORS 183.400(4)(c). Held: The Court of Appeals lacks jurisdiction over petitioner’s challenge because petitioner…