IN THE COURT OF APPEALS OF TENNESSEE MIDDLE SECTION AT NASHVILLE FILED January 14, 1998 ROBERT OGBURN, ) Cecil W. Crowson ) Appellate Court Clerk Plaintiff/Appellant, ) Davidson Chancery ) No. 96-1806-I(II) VS. ) ) Appeal No. TENNESSEE DEPARTMENT OF ) 01A01-9707-CH-00284 CORRECTION, ET AL., ) ) Defendants/Appellees. )

DISSENTING OPINION

I respectfully dissent from the court’s conclusion that the Department of Correction was not required to promulgate Policy 502.02 as a rule in accordance with the Uniform Administrative Procedures Act. See Mandela v. Campbell, App. No. 01A01-9607-CH-00332, 1996 WL 730289, at *3 (Tenn. Ct. App. Dec. 20, 1996), perm. app. granted (Tenn. May 12, 1997) (Koch, J., dissenting).

I concur with the remaining provisions of the opinion.

_______________________________ WILLIAM C. KOCH, JR., JUDGE