Case law

Wilson v. Board of Parole

322 Or. App. 773 · Court of Appeals of Oregon · Nov 23, 2022

Affirmed. 774 Wilson v. Board of Parole TOOKEY, P. J. … See State v. Link, 367 Or 625, 659, 482 P3d 28 (2021) (“[W]e conclude that the Miller [v.

Loera v. State Board of Higher Education

45 Or. App. 715 · Court of Appeals of Oregon · Apr 14, 1980

Under McPherson v. Employment Division, 285 Or 541 , 591 P2d 1381 (1979), the elaboration of a standard such as "cause” is the function of the administrative agency rather than the court. … Mary’s Fine Foods, Inc. v. OLCC, 30 Or App 435 , 567 P2d 146 (1977). We have difficulty in understanding petitioner’s third assignment.

City of LaGrande v. Public Employes Retirement Board

28 Or. App. 9 · Court of Appeals of Oregon · Jan 10, 1977

Fire Fighters, 20 Or App 293 , 531 P2d 730 , Sup Ct review denied (1975), we remanded the case to the Public Employe Relations Board (now Employment Relations Board) to examine the city’s labor relations ordinance section-by-section … Accordingly, we overruled that portion of the opinion directing that the case be remanded to the board for a section-by-section reexamination.

Hammond v. Board of Parole & Post-Prison Supervision

121 Or. App. 343 · Court of Appeals of Oregon · Jun 23, 1993

Petitioner seeks review of an order of the Board of Parole and Post-Prison Supervision (Board) issued on January 30, 1992. … See Scott v. OSP, 117 Or App 182 , 843 P2d 512 (1992); ORAP 4.35.

Murphy v. Board of Parole & Post-Prison Supervision

243 Or. App. 242 · Court of Appeals of Oregon · May 25, 2011

The board denied relief on administrative review of the revocation order, and we later affirmed that decision, Murphy v. Board of Parole, 241 Or App 177 , 250 P3d 13 (2011). … Implicit in that discretionary provision is authorization for the board to impose a shorter term. See Cole v.

Thomas Creek Lumber & Log Co. v. Board of Forestry

188 Or. App. 10 · Court of Appeals of Oregon · May 29, 2003

Therefore, it is an inexact term, and the board’s interpretation of it is reviewed as a matter of law, Coast Security Mortgage Corp. v. … See, e.g., Fister v.

McClure v. Board of Parole & Post-Prison Supervision

236 Or. App. 606 · Court of Appeals of Oregon · Aug 11, 2010

See Christenson v. … Harrington, 923 F2d 1371 (9th Cir), cert den, 502 US 854 (1991), and Jones v. Cardwell, 686 F2d 754 (9th Cir 1982).

Thomas v. Board of Parole & Post-Prison Supervision

186 Or. App. 170 · Court of Appeals of Oregon · Feb 5, 2003

It then granted the board authority over the scheduling of restitution payments in a case where the court had ordered restitution. See Patin v. … Under Bollinger v.

Haynes v. Board of Parole & Post-Prison Supervision

229 Or. App. 178 · Court of Appeals of Oregon · Jun 17, 2009

PER CURIAM Pursuant to ORS 183.400, petitioner challenges OAR 255-032-0010(3), a rule adopted by the Board of Parole and Post-Prison Supervision.

Cochran v. Board of Psychologist Examiners

171 Or. App. 324 · Court of Appeals of Oregon · Dec 6, 2000

The Board’s opinion, however, does not identity the standard it employed in reaching that conclusion, nor does it set out the evidence in the record that supports its conclusion. See Cochran v. … An agency, however, may not “ ‘use its special knowledge as a substitute for evidence presented at a hearing.’ ” Drew v. PSRB, 322 Or 491, 498 , 909 P2d 1211 (1996) (quoting and adopting a statement from Rolfe v.

Flores v. Board of Parole

344 Or. App. 287 · Court of Appeals of Oregon · Oct 15, 2025

Bell v. Board of Parole, 283 Or App 711, 713, 391 P3d 907, rev den, 361 Or 645 (2017). … Penn v. Board of Parole, 365 Or 607, 635, 451 P3d 589 (2019); see also Schmult v.

Platt v. Board of Chiropractic Examiners

117 Or. App. 361 · Court of Appeals of Oregon · Dec 23, 1992

Noren v. Board of Chiropractic Examiners, 117 Or App 337 , 843 P2d 1021 (1992).

Slover v. Oregon State Board of Clinical Social Workers

144 Or. App. 565 · Court of Appeals of Oregon · Nov 20, 1996

Assuming that facts alleged in plaintiffs complaint are true, Glubka v. Long, 115 Or App 236, 238 , 837 P2d 553 (1992), we review to determine whether those facts state a claim. Hansen v. … Fleming v. Kids and Kin Head Start, 71 Or App 718, 721 , 693 P2d 1363 (1985); see also Chaney v.

1000 Friends of Oregon v. Board of County Commissioners

32 Or. App. 413 · Court of Appeals of Oregon · Feb 7, 1978

The following excerpts from the Board’s findings provide a focus for the issues raised by petitioners. … We held in Rutherford v.

Pahl v. Board of Chiropractic Examiners

164 Or. App. 378 · Court of Appeals of Oregon · Dec 15, 1999

See generally SAIF v. Wright, 312 Or 132, 137 , 817 P2d 1317 (1991) (statutes can confer authority to an agency either expressly or by necessary implication). … For that proposition, he relies on State ex rel Black v. Amer. Recovery, 12 Or App 139 , 505 P2d 1166 (1973).

Blacknall v. BOARD OF PAROLE AND POST-PRISON SUPERVISION

223 Or. App. 294 · Court of Appeals of Oregon · Oct 29, 2008

We dismissed the petition as moot, designating the board as the prevailing party and awarding costs. Blacknall v. Board of Parole, 221 Or App 200 , 189 P3d 1234 (2008). … In support of that inference, petitioner relies on dictum in Atkinson v. Board of Parole, 341 Or 382 , 143 P3d 538 (2006), which notes the existence of such a possible inference.

Demeyer v. Board of Parole & Post-Prison Supervision

208 Or. App. 267 · Court of Appeals of Oregon · Sep 27, 2006

Petitioner seeks reconsideration of our opinion in Demeyer v. Board of Parole, 206 Or App 740 , 139 P3d 969 (2006). We allow reconsideration and adhere to our former opinion. … Petitioner asserted that he was prejudiced by the board’s consideration of the report because, without it in the record, the board could not defer his parole release date.

Meadows v. Schiedler

143 Or. App. 213 · Court of Appeals of Oregon · Aug 28, 1996

See Penrod / Brown v. Cupp, 283 Or 21 , 581 P2d 934 (1978) (tracing historical development of habeas corpus in Oregon). Use of the writ has evolved beyond cases challenging the judgment of *217 conviction, 3 Mueller v. … See Bedell v.

Peter v. State Board of Parole

34 Or. App. 1119 · Court of Appeals of Oregon · Jun 27, 1978

Erickson v. Board of Parole, 34 Or App 323 , 578 P2d 499 (1978).

Davidson v. Board of Parole & Post-Prison Supervision

139 Or. App. 289 · Court of Appeals of Oregon · Feb 21, 1996

Petitioner seeks review of an order of the Board of Parole and Post-Prison Supervision (Board) that imposed a 12-month term of supervised parole, followed by unsupervised parole for the balance of his sentence. … As authority for its imposition of parole for the balance of the sentence, the Board cited administrative rules adopted pursuant to ORS 144.085, which, under the statute in effect, 1 provided that the Board’s rules must require