Or. Admin. Code § 291-105-0026

Current through Register Vol. 63, No. 10, October 1, 2024

Section 291-105-0026 - Hearings Officers Responsibilities

(1) Unless waived by the AIC, a formal hearing shall be conducted by the Hearings Officer on all misconduct reports charging a major rule violation(s) and included minor violation(s), and on all misconduct reports charging a minor rule violation(s) for which an AIC requests a formal hearing. Requests for a formal hearing for a misconduct report charging a minor rule violation(s) should be submitted to the adjudicator in writing in advance of the informal hearing or made verbally prior to the start of the informal hearing at the latest.

(2) Prior to the formal hearing, the Hearings Officer shall review the misconduct report alleging major rule violation(s). If there is no prima facie case for a major rule violation, the Hearings Officer may dismiss the major violation(s) and refer the minor violations back to the adjudicator for an informal hearing. The Hearings Officer may substitute minor violations as lesser included violations.

(3) The Hearings Officer shall not have been a witness to the event or alleged conduct that gives rise to the misconduct report or have participated in the case as a charging or investigating officer.

(4) The Hearings Officer will conduct the hearing and shall decide, based upon the evidence, whether the AIC has violated the rule(s) as charged in the misconduct report. The Hearings Officer may not add or change the violation(s) in the misconduct report. The Hearings Officer may find for a lesser included violation or refer for less formal disciplinary action.

(5) The Hearings Officer may dismiss any alleged rule violation at any stage of the proceedings, with or without prejudice, stating in writing the reason for the dismissal. Any alleged rule violation dismissed without prejudice or due to insufficient evidence may be resubmitted in another misconduct report utilizing the same process as provided in OAR 291-105-0021(2).

(6) The Hearings Officer or other employees as requested by the Hearings Officer shall report disciplinary actions which involve security threat activity to the facility's Officer-in-Charge or security threat manager and a Suspected Security Threat Intelligence Report (SSTIR) shall be completed.

(7) Behavioral Health Services will be notified when an AIC receives a misconduct report or is placed in disciplinary segregation if that AIC has a mental health concern or intellectual disability that makes the AIC eligible to receive services (coded as MH2, MH3, DD2, or DD3) or if that AIC has engaged in self-harm activity or a suicide attempt.

(a) Behavioral Health Services will then determine whether an evaluation shall be submitted to the Hearings Unit in the institution housing the AIC.

(b) If an evaluation is to be provided, Behavioral Health Services will submit the evaluation to the Hearings Unit within two working days of receiving notification or submit a postponement request to complete the evaluation. Behavioral Health Services will include the timeline for submission of the postponed evaluation.

(c) The Hearings Officer will postpone the hearing, as requested, to ensure that such an evaluation is considered in the case at issue.

(d) The evaluation shall address the following questions:

(A) Did this AIC's actions constitute an act of self-harm?

(B) Does this AIC have a Serious Mental Illness?

(C) Does the AIC have significant functional impairments?

(8) If an evaluation is not provided by Behavioral Health Services prior to the AIC's hearing, the Hearings Officer may request an evaluation be completed on the AIC prior to disposition of the hearing.

Or. Admin. Code § 291-105-0026

CD 19-1979(Temp), f. & ef. 10-19-79; CD 13-1980, f. & ef. 4-15-80; CD 25-1982, f. & ef. 11-19-82; CD 8-1985(Temp), f. & ef. 6-19-85; CD 30-1985, f. & ef. 8-16-85; CD 6-1986(Temp), f. 3-14-86, ef. 4-15-86; CD 29-1987, f. & ef. 8-20-86; CD 5-1989, f. & cert. ef. 4-21-89; CD 8-1992, f. 3-27-92, cert. ef. 4-15-92; CD 6-1993, f. 3-10-93, cert. ef. 4-1-93; CD 9-1995, f. 5-23-95, cert. ef. 6-1-95; CD 16-1996, f. 11-13-96, cert. ef. 11-15-96; DOC 3-1999, f. 2-25-99, cert. ef. 3-1-99; DOC 16-2000, f. & cert. ef. 6-19-00; DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02; DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05; DOC 14-2008, f. & cert. ef. 6-2-08; DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11; DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020; DOC 10-2023, amend filed 05/23/2023, effective 5/23/2023

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075