Smith v. Oregon State Penitentiary

Court of Appeals of Oregon
Smith v. Oregon State Penitentiary, 113 Or. App. 386 (1992)
832 P.2d 1270; 1992 Ore. App. LEXIS 1122
Buttler, Muniz, Rossman

Smith v. Oregon State Penitentiary

Opinion of the Court

PER CURIAM

Respondents issued two directives: one precluded inmates from retaining custody of videotapes of legal proceedings and the other announced priorities for inmate access to the law library. Petitioners challenge the validity of those directives under ORS 183.400, arguing that they have the effect of amending existing administrative rules without complying with the Oregon Administrative Procedures Act (APA). The first directive concerning inmate access to videotapes has been superseded by OAR 291-139-045, which was adopted in compliance with the APA. Challenge to that directive is, therefore, moot. The second directive is excluded from the definition of a “rule” under ORS 183.310(8)(f), because failure to follow it cannot result in disciplinary action. Accordingly, it is not reviewable under ORS 183.400.

Petition for judicial review dismissed.

Reference

Full Case Name
ARLEN PORTER SMITH, Francis T. Rothauge, Leslie A. Whaley, Gilbert L. Lane and Donald Sager v. OREGON STATE PENITENTIARY and Oregon State Department of Corrections
Cited By
3 cases
Status
Published