Submitted November 7, 2014
Department of Corrections.
OAR 255-030-0025 and OAR 255-030-0026 held valid.
Arlen Porter Smith filed the briefs 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 Duncan, Presiding Judge, and Lagesen, Judge, and Flynn, Judge.
[272 Or.App. 494] Pursuant to ORS 183.400(1), petitioner challenges the validity of OAR 255-030-0025 and OAR 255-030-0026, administrative rules adopted by the Board of Parole and Post-Prison Supervision (the board). Petitioner argues that the rules violate the board's statutory authority because they place limits on persons whom an inmate may have in attendance at board hearings. Petitioner also argues that the board's rulemaking is invalid because the board rules were not " promulgated jointly" with the Department of Corrections (the department), as required by ORS 144.123. Petitioner recognizes that the department promulgated corresponding rules regarding who may accompany inmates to a board hearing, but he contends that the agencies were required to promulgate a " single joint rule." We reject petitioner's rule challenge.
Petitioner's challenge addresses the amended versions of OAR 255-030-0025 and OAR 255-030-0026, which became effective in November 2013. OAR 255-030-0025, entitled " Inmate Accompaniment to Board of
Parole and Post-Prison Supervision Hearing," provides:
" (1) Purpose: The purpose of these rules is to jointly establish with the Department of Corrections policies and procedures governing who may accompany an inmate in a hearing before the Board of Parole and Post-Prison Supervision.
" (2) Policy: It is the joint policy of the Department of Corrections and Board of Parole and Post-Prison Supervision that inmates be permitted to have a person accompany them in hearings before the Board in accordance with ORS 144.123, as provided in these rules. The decision to approve a person's physical access to a Board hearing held within a Department of Corrections facility will be made by the functional unit manager or designee of the facility in which the inmate is confined, in accordance with the department's rules on Facility Access (OAR 291-016) and Visiting (Inmate) (OAR 291-127). A person's physical access to a Department of Corrections facility may be prohibited or restricted by the functional unit manager or designee ...