Moore v. OREGON STATE PENITENTIARY, COR. DIV.
This text of 519 P.2d 389 (Moore v. OREGON STATE PENITENTIARY, COR. DIV.) 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
Reversed and remanded.
Like Bonney v. OSP, 16 Or App 509, 519 P2d 383 *537 (1974), this is a prison discipline review proceeding. In Bonney we upheld the prison discipline procedures against statutory and constitutional challenge. This disposes of the major issues raised in this case.
It is, however, here conceded that the record does not establish that prison officials followed all requirements of those rules. ① The elementary proposition that an agency of government must follow its own rules requires no citation of authority.
Specifically, the record does not disclose that the prison officials advised the petitioner that under Rules IV (2) and IV (4) he had the right under certain circumstances to representation and the right to submit questions to be posed by the disciplinary committee to the person charging, or other persons.
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Cite This Page — Counsel Stack
519 P.2d 389, 16 Or. App. 536, 1974 Ore. App. LEXIS 1231, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moore-v-oregon-state-penitentiary-cor-div-orctapp-1974.