With him on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General. Before Carson, Chief Justice, and Gillette, Van Hoomissen, Durham, Leeson, and Riggs, Justices. Judicial Review of Department of Corrections Administrative Rules. Costs allowed, to abide the outcome on remand. The rules impose various conditions and restrictions on persons who witness executions of sentences of death that DOC carries out.
Petitioners assert that the rules are invalid on various statutory and constitutional grounds.
The Court of Appeals upheld the rules. We allowed review and now reverse the decision of the Court of Appeals. We note at the outset the particular nature of the judicial review that we are conducting. Except for procedural issues not involved in the present case, the scope of judicial review under ORS 183.400 is limited. The reviewing court examines the challenged rules only to determine whether those rules on their face comply with applicable constitutional and statutory requirements.