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KELLAS v. DEPARTMENT OF CORRECTIONS

(CA A118362, SC S51378).

145 P.3d 139 (2006)

341 Or. 471

Scott Thomas KELLAS, Respondent on Review, v. DEPARTMENT OF CORRECTIONS and Criminal Justice Commission, Petitioners on Review.

Supreme Court of Oregon.

Decided October 12, 2006.

Attorney(s) appearing for the Case

Erika L. Hadlock, Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioners on review. With her on the briefs were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denise Fjordbeck, Assistant Attorney General.

Donald S. Upham, Portland, attorney for respondent on review.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, DE MUNIZ, BALMER, and KISTLER, Justices.

DURHAM, J.

This is a case of judicial review of administrative rules. Petitioner below (respondent on review) Kellas1 challenges the lawfulness of two administrative rules under ORS 183.400, which provides, in part, that "[t]he validity of any rule may be determined upon a petition by any person to the Court of Appeals[.]" (Emphasis added.) The Court of Appeals declined to reach the merits of petitioner's arguments because it concluded...

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