Smith v. Board of Parole

A notice-of-rights form constitutes a rule under ORS 183.310(9) requiring compliance with the Administrative Procedures Act when it details practices and procedures that are generally applicable to all hearings.

Petitioner sought judicial review of a notice-of-rights form used by the Board of Parole and Post-Prison Supervision (the board), arguing that the notice-of-rights form (the form) constituted a rule under the Administrative Procedures Act (APA) and was invalid under ORS 183.400(4)(c) because it was adopted without complying with the applicable procedures. Petitioner argued that the form constituted a rule because it had "general applicability" under ORS 183.310(9) because it described the practices and procedures used in every hearing before the board. The Court agreed, and rejected the board's argument that the form was of specific applicability because the first page of the form included a blank space for the board to write the name of the inmate who was to receive the notice. The Court determined that the form did constitute a rule under ORS 183.310(9) and therefore the board was required to follow the rule-making procedures of the APA. Rule held invalid.