[620]*620JONES, J.
Petitioner seeks review in this court, alleging that the notice of the action of the Board of Parole (Board) to prisoners does not satisfy ORS 144.135. The statute requires the Board to provide written bases to prisoners of its decisions. ORS 144.135 provides:
“The board shall state in writing the detailed bases of its decisions under ORS 144.110 to 144.125.”1
Petitioner also claims that the challenged order of the Board “fails to meet the standards established by the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act.”
Petitioner pled guilty to two counts of burglary in the second degree and one count each of unauthorized use of a vehicle, kidnapping in the second degree, robbery in the first degree and burglary in the first degree. The trial court sentenced petitioner to five years’ imprisonment on each of the second degree burglary counts and the counts of unauthorized use of a vehicle and kidnapping. The court imposed 12-year [621]*621imprisonment sentences on both the first degree burglary and first degree robbery counts and imposed a 5-year mandatory minimum sentence on each. All sentences were to be served concurrently.
The Board did not override the court-imposed 60-month (five-year) minimum sentence and, thus, set petitioner’s initial parole release date for November 13, 1990. Petitioner appealed to the Court of Appeals, which affirmed the Board decision from the bench. We affirm the Court of Appeals.
We first turn to the Board’s actions, decisions and records to ascertain whether the statutory requirements of ORS 144.135 have been satisfied. The Board’s decision in this and all cases is written on a “Board Action Form” (BAF), which is its “final order.” ORS 144.335.2 The BAF contains a statement of the Board’s findings of fact and ultimate conclusion as to petitioner’s date of release on parole or, in rare cases, when parole is denied. See OAR 255-35-030.
We attach as Appendix I the BAF for this petitioner, and we will interpret that form and its supporting documents. The reader will observe from the BAF that, after identifying petitioner by name and noting that he has been incarcerated at the Oregon State Correctional Institution since November 26, 1985, with an adjusted commitment date to November 14, 1985, because of 12 days’ credit for time served in the county [622]*622jail pending incarceration in the state institution, the Board, on July 10, 1986,3 set his initial date of release on parole for November 13,1990.
The BAF then reflects that petitioner was convicted of two counts of burglary in the second degree, one count each of vehicle theft, kidnapping in the second degree, robbery in the first degree and burglary in the first degree, and the court’s sentence for each conviction.
The next entry, reading left to right, sets forth the five-year mínimums on the two class A felonies, robbery and burglary in the first degree. The heading “TS DAYS” refers to Time Served Days, and the form contains the name of the sentencing judge. Below the column listing the crimes appears a line:
“A3 B2 Cl DO E2 FI H/R 9 CRIME CAT 5 MATRIX RANGE 16 TO 24”
“A3 B2 Cl DO E2 FI” is the criminal history/risk of petitioner. Attached as Appendix II is the Criminal History/ Risk Assessment form, which demonstrates that petitioner (A) had no prior felony or misdemeanor convictions or (B) incarcerations and, obviously, (C) had been conviction-free in the community for three years prior to commitment. The history/risk assessment form reveals that he was under 21 years of age and, thus, received no points under risk category (D). He also (E) had no prior parole or probation failures and (F) had no record of substance abuse. Because the Board found that he had no prior criminal history, his only penalty under history/risk assessment was based on age. The Board set his criminal history/risk at “9.”
The Board utilized petitioner’s most serious crime of Robbery I in setting the crime severity category at “5.” The Board has set crime categories for all offenses, ranging from “1” for such crimes as driving while suspended to “7” for [623]*623aggravated murder. Combining the robbery crime severity category of “5” with the criminal history/risk assessment of “9” places petitioner in a matrix range where he would normally serve from 16-24 months. The Board can choose to go toward the bottom of that range (to 16) or toward the top of that range (to 24) because of a number of considerations, not the least of which is the present population of penal institutions. ORS 144.780.4
The BAF then demonstrates that petitioner does not qualify for the 16- to 24-month matrix because the Board voted not to override the 60-month minimum set by the judge and, therefore, petitioner’s release date was set for November 13,1990.
The Board also considers matters in aggravation and mitigation, if any, in each case. We now set forth the aggravation and mitigation criteria utilized by the Board in this case (see Appendixes III and IV). The BAF shows the Board found that petitioner had engaged in conduct considered by the Board as aggravation under categories “A B H K M.” Appendix III, which contains explanations corresponding to the letters, shows that the Board found the following aggravating conduct: (A) production or use of a weapon during the criminal episode; (B) threat or violence toward witness or victim; (H) concurrently imposed convictions not arising out of same criminal episode (the burglary and thefts were unrelated to the kidnapping and robbery); (K) engagement in persistent involvement in similar criminal offenses; and (M) criminal [624]*624history more extensive or serious than reflected by history/ risk assessment score. In fact, the record reveals that petitioner had prior convictions for five counts of theft in the second degree as a juvenile and a conviction for “minor in possession,” in addition to alleged crimes, not resulting in convictions, of criminal mischief, burglary in the second degree, theft in the first degree, burglary in the first degree and possession of burglar’s tools.
The BAF also demonstrates that petitioner was given credit for mitigation factor “H.” Appendix IV explains that this was based on the fact that he was ordered to pay restitution after term of imprisonment.
Returning to the BAF, under the heading “COMMENTS/REASONS,” the Board recites that petitioner agreed to proceed without information being provided to the Board pursuant to former ORS 144.210 (repealed by
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[620]*620JONES, J.
Petitioner seeks review in this court, alleging that the notice of the action of the Board of Parole (Board) to prisoners does not satisfy ORS 144.135. The statute requires the Board to provide written bases to prisoners of its decisions. ORS 144.135 provides:
“The board shall state in writing the detailed bases of its decisions under ORS 144.110 to 144.125.”1
Petitioner also claims that the challenged order of the Board “fails to meet the standards established by the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act.”
Petitioner pled guilty to two counts of burglary in the second degree and one count each of unauthorized use of a vehicle, kidnapping in the second degree, robbery in the first degree and burglary in the first degree. The trial court sentenced petitioner to five years’ imprisonment on each of the second degree burglary counts and the counts of unauthorized use of a vehicle and kidnapping. The court imposed 12-year [621]*621imprisonment sentences on both the first degree burglary and first degree robbery counts and imposed a 5-year mandatory minimum sentence on each. All sentences were to be served concurrently.
The Board did not override the court-imposed 60-month (five-year) minimum sentence and, thus, set petitioner’s initial parole release date for November 13, 1990. Petitioner appealed to the Court of Appeals, which affirmed the Board decision from the bench. We affirm the Court of Appeals.
We first turn to the Board’s actions, decisions and records to ascertain whether the statutory requirements of ORS 144.135 have been satisfied. The Board’s decision in this and all cases is written on a “Board Action Form” (BAF), which is its “final order.” ORS 144.335.2 The BAF contains a statement of the Board’s findings of fact and ultimate conclusion as to petitioner’s date of release on parole or, in rare cases, when parole is denied. See OAR 255-35-030.
We attach as Appendix I the BAF for this petitioner, and we will interpret that form and its supporting documents. The reader will observe from the BAF that, after identifying petitioner by name and noting that he has been incarcerated at the Oregon State Correctional Institution since November 26, 1985, with an adjusted commitment date to November 14, 1985, because of 12 days’ credit for time served in the county [622]*622jail pending incarceration in the state institution, the Board, on July 10, 1986,3 set his initial date of release on parole for November 13,1990.
The BAF then reflects that petitioner was convicted of two counts of burglary in the second degree, one count each of vehicle theft, kidnapping in the second degree, robbery in the first degree and burglary in the first degree, and the court’s sentence for each conviction.
The next entry, reading left to right, sets forth the five-year mínimums on the two class A felonies, robbery and burglary in the first degree. The heading “TS DAYS” refers to Time Served Days, and the form contains the name of the sentencing judge. Below the column listing the crimes appears a line:
“A3 B2 Cl DO E2 FI H/R 9 CRIME CAT 5 MATRIX RANGE 16 TO 24”
“A3 B2 Cl DO E2 FI” is the criminal history/risk of petitioner. Attached as Appendix II is the Criminal History/ Risk Assessment form, which demonstrates that petitioner (A) had no prior felony or misdemeanor convictions or (B) incarcerations and, obviously, (C) had been conviction-free in the community for three years prior to commitment. The history/risk assessment form reveals that he was under 21 years of age and, thus, received no points under risk category (D). He also (E) had no prior parole or probation failures and (F) had no record of substance abuse. Because the Board found that he had no prior criminal history, his only penalty under history/risk assessment was based on age. The Board set his criminal history/risk at “9.”
The Board utilized petitioner’s most serious crime of Robbery I in setting the crime severity category at “5.” The Board has set crime categories for all offenses, ranging from “1” for such crimes as driving while suspended to “7” for [623]*623aggravated murder. Combining the robbery crime severity category of “5” with the criminal history/risk assessment of “9” places petitioner in a matrix range where he would normally serve from 16-24 months. The Board can choose to go toward the bottom of that range (to 16) or toward the top of that range (to 24) because of a number of considerations, not the least of which is the present population of penal institutions. ORS 144.780.4
The BAF then demonstrates that petitioner does not qualify for the 16- to 24-month matrix because the Board voted not to override the 60-month minimum set by the judge and, therefore, petitioner’s release date was set for November 13,1990.
The Board also considers matters in aggravation and mitigation, if any, in each case. We now set forth the aggravation and mitigation criteria utilized by the Board in this case (see Appendixes III and IV). The BAF shows the Board found that petitioner had engaged in conduct considered by the Board as aggravation under categories “A B H K M.” Appendix III, which contains explanations corresponding to the letters, shows that the Board found the following aggravating conduct: (A) production or use of a weapon during the criminal episode; (B) threat or violence toward witness or victim; (H) concurrently imposed convictions not arising out of same criminal episode (the burglary and thefts were unrelated to the kidnapping and robbery); (K) engagement in persistent involvement in similar criminal offenses; and (M) criminal [624]*624history more extensive or serious than reflected by history/ risk assessment score. In fact, the record reveals that petitioner had prior convictions for five counts of theft in the second degree as a juvenile and a conviction for “minor in possession,” in addition to alleged crimes, not resulting in convictions, of criminal mischief, burglary in the second degree, theft in the first degree, burglary in the first degree and possession of burglar’s tools.
The BAF also demonstrates that petitioner was given credit for mitigation factor “H.” Appendix IV explains that this was based on the fact that he was ordered to pay restitution after term of imprisonment.
Returning to the BAF, under the heading “COMMENTS/REASONS,” the Board recites that petitioner agreed to proceed without information being provided to the Board pursuant to former ORS 144.210 (repealed by 1985 Or Laws, ch 283, § 1), that his history/risk assessment score and crime severity category were verified and that he agreed with the accuracy of those scores. The form then reflects that Board members Dinsmore, Groener and Hays voted to override the 60-month minimum, but to add a variation for aggravation for a release date of March 13, 1988, and that Board members Jones and Samuelson voted to sustain the 60-month minimum.
The Board rules provide that it takes four out of five affirmative votes by the Board members to override a minimum sentence, OAR 255-35-023(1), as does ORS 144.110(2)(a). ORS 144.110(2)(a) does not specifically require that each member state his or her reasons for making the decision to or not to override a minimum sentence, but ORS 144.135 does include reference to ORS 144.110. Thus, the question is, what statement of detailed bases must be made as to the minimum sentence decision?
The “decision” to be made is when to set the parole release date; it will be set at the expiration of the mandatory minimum sentence unless the mandatory minimum is overridden. The Board did decide not to override the minimum sentence. ORS 144.135 requires a statement in writing describing a detailed basis for that decision. Subsequent to the passage of this statute, the Board adopted its own administrative rules, Oregon Administrative Rules, Chapter 255, [625]*625Division 35 - Board of Parole. The rule the Board adopted concerning judicial minimum sentences on prison terms under ORS 144.110 is OAR 255-35-023, which reads as follows:
“(1) The Board shall not release a prisoner before a judicially imposed minimum prison term sentence has been served except when at least four members of the Board find that:
“(a) The court applied the guideline rules incorrectly; or
“(b) The Board has information not available to the court at the time of sentencing; or
“(c) The court’s findings, though technically correct, lead to an inequitable result.
“(2) The Board shall state the facts and reasons for its actions and it shall then inform the sentencing court of its decisions and reasons. The Board shall then set an initial parole release date in accordance with rule 255-35-013.”
We interpret this rule to mean that the Board may not override a minimum sentence unless four of its members make findings concerning one or more of three specific categories and that, if the Board decides to override a minimum sentence, it is obliged to inform the sentencing court of its decisions and reasons. The rule, although somewhat ambiguous, does not suggest that the Board state the facts and reasons for its actions in not overriding the minimum term. Implicit in that vote is a determination by at least four members of the Board that paragraphs (a), (b) and (c) of subsection (1) of the rule were not applicable. We interpret the rule to require the Board to state the facts and reasons for its actions only when four members of the Board find applicable one or more of the three categories listed under subsection (1). Paragraph (a) requires a finding that the court applied the guideline rules incorrectly. Although sentencing judges are not, at this time, bound by guideline rules of the Board, judges sometimes do make findings as to criminal history/risk, crime severity, and aggravation and mitigation factors which subsequently may be found to be incorrect on review by the Board. Paragraphs (b) and (c) of the rule are self-explanatory. Therefore, the administrative procedure for minimum sentence review works like this: The Board takes a vote to overrride the minimum sentence. If four votes are not garnered to override, the basis for the decision simply results from the lack of four [626]*626affirmative votes on that issue. The vote and who made it constitute the basis for the decision not to override. The Board, or the subset voting not to override, need not “come to a point” where they have agreed upon some set of findings of fact and conclusions of law; the absence of four affirmative votes alone determines the Board’s decision regardless whether there is any agreement as to why the Board has refused to override. In such a case, the prisoner’s parole date is set at the expiration of the mandatory minimum sentence and the criteria, justification or “detailed bases” for such Board action are simply that there are not enough votes to override.
If four members agree to override the minimum sentence, the Board is obligated under OAR 255-35-023(2) to state the facts and reasons for its actions pursuant to OAR 255-35-023(1)(a), (b) and (c), and is further obligated to inform the sentencing court of its facts and reasons for the decision. Having agreed to override the minimum sentence, the Board then is obligated to set an initial parole release date in accordance with OAR 255-35-013, which provides:
“(1) Except in those cases under OAR 255-32-025 the Board shall make findings of fact regarding a prisoner’s:
“(a) Crime severity rating;
“(b) History/risk score;
“(c) Guideline range;
“(d) Aggravation/mitigation.
“(2) The Board shall then, except as provided by OAR 255-35-030 (parole denial) and 255-38-005 (dangerous offender), establish an initial parole release date and inform the prisoner of that date.”
As demonstrated by this case, there was no consensus by the Board members. After evaluating the entire record, two members elected not to override the minimum and three would have. We perceive no purpose to be served by requiring the Board members to state their individual reasons for not voting to override the minimum sentence imposed. Neither the statute nor the Board rules require such statements. In sum, the Board complied with ORS 144.135 by setting forth in writing the bases for its decision under ORS 144.110 to 144.125.
[627]*627Petitioner’s last contention, that the Board’s order “fails to meet the standards established by the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act,” is without merit. ORS 183.3415 requires the Attorney General to prepare model rules of procedure “appropriate for use by as many agencies as possible.” Petitioner admits this statute does not mandate that the Board adopt these model rules of procedure, but argues that the legislature intended that the model rules of procedure prepared by the Attorney General’s Office should set the standard for all state agencies to follow and that this court should gauge the adequacy of the challenged order upon both the standards set by the Attorney General’s Model Rules of Procedure and the statutory requirements of ORS 144.135.
The Board has no legal obligation to adopt the Attorney General’s model rules. In lieu thereof, the Board has developed and adopted extensive comparable administrative rules of procedure as required by ORS 183.341(2). None of these rules are challenged in this appeal and, when implemented as they were in this case, satisfy ORS 144.135.
The order of the Board of Parole and the decision of the Court of Appeals are affirmed.
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