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BARRETT v. BD. OF PAROLE AND POST-PRISON

A177845.

522 P.3d 544 (2022)

322 Or. App. 751

Jacob BARRETT, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

Court of Appeals of Oregon.

November 23, 2022.

Attorney(s) appearing for the Case

Jacob Barrett filed the briefs pro se.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Christopher Page, Assistant Attorney General, filed the brief for respondent.

Before James, Presiding Judge, and Aoyagi, Judge, and Joyce, Judge.

In this rule challenge brought under ORS 183.400, petitioner challenges the validity of OAR 255-040-0005(5). According to petitioner, the Board of Parole and Post-Prison Supervision (the board) exceeded its statutory authority when it adopted OAR 255-040-0005(5) because, contrary to ORS 144.122, the rule specifically excludes inmates...

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