Opinion
Argued January 23, reversed and remanded March 4, 1974
Judicial Review of disciplinary order of the Superintendent of Oregon State Penitentiary.
Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Al J. Laue, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, W. Michael Gillette, Solicitor General, and Scott McAlister, Assistant Attorney General, Salem.
Before SCHWAB, Chief Judge, and FORT and THORNTON, Judges.
REVERSED AND REMANDED.
Like Bonney v. OSP, 16 Or. App. 509, 519 P.2d 383 (1974), this is a prison discipline review proceeding. In Bonney we upheld the prison discipline procedures against statutory and constitutional challenge. This disposes of the major issues raised in this case.
It is, however, here conceded that the record does not establish that prison officials followed all requirements of those rules. The elementary proposition that an agency of government must follow its own rules requires no citation of authority.
Specifically, the record does not disclose that the prison officials advised the petitioner that under Rules IV (2) and IV (4) he had the right under certain circumstances to representation and the right to submit questions to be posed by the disciplinary committee to the person charging, or other persons.
Reversed and remanded.