Opinion
05-87-335; CA A44861
Submitted on record and briefs November 20, 1987
Fine vacated, order otherwise affirmed March 30, 1988
Judicial Review from Corrections Division.
Lance Krauss, Salem, filed the brief pro se for himself.
Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, Scott McAlister, Assistant Attorney General, and David L. Kramer, Assistant Attorney General, Salem, filed the brief for respondent.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Fine vacated; order otherwise affirmed.
Petitioner, appearing pro se, seeks review of a final order of the Superintendent of the Oregon State Penitentiary which required him to serve 13 days in segregation and pay a $10 fine.
Respondent claims that the fine is authorized by OAR 291-105-051 (11). We held in Watson v. OSP, 90 Or. App. 85, 750 P.2d 1188 (1988), that the provisions of former OAR 291-105-051 relating to fines are invalid, because the rule was adopted without the notice required by ORS 183.335. Accordingly, the fine was invalid.
Fine vacated; order otherwise affirmed.