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Smith v. Psychiatric Security Review Board

Court of Appeals of Oregon

April 15, 2015

ARLEN PORTER SMITH, Petitioner,
v.
PSYCHIATRIC SECURITY REVIEW BOARD, Respondent

Submitted June 6, 2014

Psychiatric Security Review Board.

Arlen Porter Smith filed the brief Pro se.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Judy C. Lucas, Senior Assistant Attorney General, filed the brief for respondent.

Before Sercombe, Presiding Judge, and Hadlock, Judge, and Tookey, Judge.

OPINION

Page 570

[270 Or.App. 387] SERCOMBE, P. J.

In a proceeding pursuant to ORS 183.400(1),[1] petitioner challenges the validity of an administrative rule adopted by respondent Psychiatric Security Review Board (PSRB). We write to address petitioner's contention that OAR 859-050-0010, a rule that specifies certain information that PSRB must include in its prehearing written notice, is inconsistent with ORS 161.346 and ORS 183.413 and, therefore, exceeds PSRB's statutory authority.[2] We reject petitioner's remaining assertions without discussion. As explained below, we conclude that the rule is valid.

The rule at issue, OAR 859-050-0010, relating to adult psychiatric security review board hearings,[3] provides:

" Written notice shall contain the following:
[270 Or.App. 388] " (1) Time, place and location of the hearing.
" (2) The issues to be considered, reference to statutes and rules involved, authority and jurisdiction.
" (3) Statement of rights of the patient at the hearing, including ...

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