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Bell v. Dept. of Corrections

Oregon Court of Appeals
Oct 12, 2005
120 P.3d 1257 (Or. Ct. App. 2005)

Opinion

A123988.

Submitted on record and briefs September 2, 2005.

October 12, 2005.

Judicial Review from Department of Corrections.

Larry Lydell Bell Sr. filed the briefs pro se.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Judy C. Lucas, Assistant Attorney General, filed the brief for respondent.

Before Haselton, Presiding Judge, and Armstrong and Rosenblum, Judges.


PER CURIAM

OAR 291-117-0100 held valid.


Pursuant to ORS 183.400(1), petitioner challenges the validity of OAR 291-117-0100, promulgated by the Department of Corrections, concerning storage containers for inmates' legal materials. Petitioner argues that the rule is unconstitutionally vague because it fails to establish the size of the storage containers, and that the rule denies access to the courts because the costs of additional storage containers are charged against inmate trust accounts. We reject petitioner's constitutional arguments as being without merit. Petitioner further argues that OAR 291-117-0100 was not adopted in accordance with the Administrative Procedures Act. We determine that the rule was adopted in compliance with applicable rulemaking procedures. ORS 183.400(4)(c).

OAR 291-117-0100 held valid.


Summaries of

Bell v. Dept. of Corrections

Oregon Court of Appeals
Oct 12, 2005
120 P.3d 1257 (Or. Ct. App. 2005)
Case details for

Bell v. Dept. of Corrections

Case Details

Full title:LARRY LYDELL BELL SR., Petitioner, v. DEPARTMENT OF CORRECTIONS, Respondent

Court:Oregon Court of Appeals

Date published: Oct 12, 2005

Citations

120 P.3d 1257 (Or. Ct. App. 2005)
120 P.3d 1257