Jenkins v. Board of Parole

In 1999, in response to Martin v. Board of Parole, 327 Or 147, 957 P2d 1210 (1998), the legislature amended ORS 144.335(3), adding the first sentence of that provision, as italicized:

“The order of the board need not be in any special form, and the order is sufficient for purposes of judicial review if it appears that the board acted within the scope of the board’s authority. The Court of Appeals may affirm, reverse or remand the order on the same basis as provided in ORS 183.482(8). The filing of the petition shall not stay the board’s order, but the board may do so, or the court may order a…