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FILED: July 30, 2003
IN THE COURT OF APPEALS OF THE STATE OF OREGON STEVEN JON LONG, Petitioner,
v.
BOARD OF PAROLE AND POST-PRISON SUPERVISION,
Respondent.
A108952
Judicial Review from Board of Parole and Post-Prison Supervision.
Argued and submitted January 4, 2002.
Eric M. Cumfer argued the cause and filed the brief for petitioner.
Lore M. Bensel, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.
Before Edmonds, Presiding Judge, and Armstrong and Kistler, Judges.
KISTLER, J.
Order determining petitioner to be a predatory sex offender reversed and remanded for a new hearing; otherwise affirmed.
Edmonds, P. J., concurring.
KISTLER, J.
Petitioner seeks review of an order of the Board of Parole and Post-Prison Supervision (board) designating him as a predatory sex offender and establishing the conditions of his parole. We uphold the condition of parole that he challenges but reverse the board's predatory sex offender designation and remand for further proceedings.
Before turning to petitioner's arguments, we describe briefly the applicable statutory and regulatory framework. Pursuant to ORS 181.585, the board determines whether persons convicted of certain sex offenses should be designated as predatory sex offenders. In making that determination, the board uses a risk assessment scale approved by the Department of Corrections. See ORS 181.585(2); V. L. Y. v. Board of Parole, 188 Or App ___, ___ P3d ____ (Jul 16, 2003). The risk assessment scale lists a series of factors that bear on whether a convicted sex offender is likely to reoffend. Not all factors are weighted equally, however. Some factors are designated as automatic override factors and still other factors are designated as starred factors. When the board made its determination in this case, a person would be designated as a predatory sex offender if either one automatic override factor or two starred factors applied. If no automatic override factor or fewer than two starred factors applied, then the board would consider all the positive and negative factors and, giving each factor a pre-assigned weight, determine whether the person should be designated as a predatory sex offender.
With that background in mind, we turn to the facts of this case. In 1992, petitioner was convicted of five counts of first-degree sex abuse and three counts of using a child in a display of sexually explicit conduct. Based on those convictions, the trial court sentenced petitioner to up to 11

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