Krauss v. Oregon State Penitentiary
This text of 751 P.2d 1123 (Krauss v. Oregon State Penitentiary) 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
Petitioner, appearing pro se, seeks review of a final order of the Superintendent of the Oregon State Penitentiary which required him to serve 13 days in segregation and pay a $10 fine.
Respondent claims that the fine is authorized by OAR 291-105-051(11). We held in Watson v. OSP, 90 Or App 85, 750 P2d 1188 (1988), that the provisions of former OAR 291-105-051 relating to fines are invalid, because the rule was adopted without the notice required by ORS 183.335. Accordingly, the fine was invalid.
Fine vacated; order otherwise affirmed.
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Cite This Page — Counsel Stack
751 P.2d 1123, 90 Or. App. 220, 1988 Ore. App. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krauss-v-oregon-state-penitentiary-orctapp-1988.