Smith v. Two Rivers Correctional Institution’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “'the interpretive amplification or refinement of an existing rule is a new exercise of agency discretion and must be promulgated as a rule under the APA to be valid.' " Smith v. TRCI , 259 Or. App. at 25 , 312 P.3d 568 (quoting Burke v. Public Welfare Div. , 31 Or. App. 161 , 165, 570 P.2d 87 (1977) ). If a rule "is susceptible to reasonable interpretations other than [that given by the agency]”

   1 later decision quote this exact passage
   e.g. 296 Or. App. 886 - Brown v. Parks & Recreation Dep't

2. “(9) 'Rule' means any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of any agency. The term includes the amendment or repeal of a prior rule, but does not include:”

   1 later decision quote this exact passage
   e.g. 296 Or. App. 886 - Brown v. Parks & Recreation Dep't

3. “We may declare a rule invalid only if we conclude that the rule violates constitutional provisions, exceeds the agency's statutory authority, or was adopted without compliance with applicable rulemaking procedures.”

   1 later decision quote this exact passage
   e.g. 296 Or. App. 886 - Brown v. Parks & Recreation Dep't