Or. Admin. R. 309-120-0260

Current through Register Vol. 63, No. 9, September 1, 2024

Section 309-120-0260 - Superintendent's Review

(1) The results of any hearing held to place an adult in custody in a state mental hospital for administrative commitment will be reviewed and approved by the Superintendent/designee of the Oregon State Hospital.

(2) The Superintendent/designee of the Oregon State Hospital shall review the "Findings-of-Fact, Conclusions, and Recommendation" of the hearings officer, in terms of the following factors:

(a) Was there substantial compliance with this rule;

(b) Was the decision based on substantial information; and

(c) Was the decision proportionate to the information and consistent with the provisions of this rule.

(3) Within three (3) days of the receipt of the hearings officer's report, the Superintendent/designee of the Oregon State Hospital shall enter an "order," which may:

(a) Affirm the recommendation;

(b) Modify the recommendation;

(c) Reverse the recommendation; or

(d) Reopen the hearing for the introduction and consideration of additional evidence.

(4) When the Superintendent/designee of the Oregon State Hospital takes action to modify or reverse, he or she must state the reason(s) in writing and immediately notify the adult in custody, hearings officer, and Administrator for Counseling and Treatment Services.

(5) When the Superintendent/designee of the Oregon State Hospital reopens the hearing under this rule, the hearings officer shall, pursuant to these rules, conduct the reopened hearing and prepare an amended hearing record within three (3) days of the reopened hearing. The Superintendent/designee of the Oregon State Hospital shall review the hearing officer's recommendation and enter an amended "order," which may affirm, modify, or reverse the hearing officer's recommendation.

Or. Admin. R. 309-120-0260

MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06; BHS 29-2023, minor correction filed 07/11/2023, effective 7/11/2023

Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042

Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508