Barthell v. Department of Corrections
This text of 332 P.3d 369 (Barthell v. Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
As allowed by ORS 183.400, petitioner seeks a judicial determination of the validity of five administrative rules adopted by the Oregon Department of Corrections (DOC): OAR 291-105-0005(3)(d), OAR 291-127-0320(2)(e), OAR 291-158-0005(3)(b), OAR 291-180-0252(2), and OAR 291-180-0262(2). Petitioner contends that DOC exceeded its rulemaking authority when it expressly provided in the rules that they could be applied retroactively. Having reviewed petitioner’s arguments, we conclude that DOC did not exceed its statutory authority in promulgating the rules. For two of those administrative rules for which he seeks review, OAR 291-180-0252(2) and OAR 291-180-0262(2), petitioner also asserts that DOC’s notice did not alert affected individuals that the rules would apply retroactively and, therefore, the notice was legally insufficient. We conclude that the notice was not insufficient.
OAR 291-105-0005(3)(d), OAR 291-127-0320(2)(e), OAR 291-158-0005(3)(b), OAR 291-180-0252(2), and OAR 291-180-0262(2) held valid.
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Cite This Page — Counsel Stack
332 P.3d 369, 264 Or. App. 462, 2014 WL 3744129, 2014 Ore. App. LEXIS 1022, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barthell-v-department-of-corrections-orctapp-2014.