Or. Admin. Code § 859-400-0080

Current through Register Vol. 63, No. 12, December 1, 2024

Section 859-400-0080 - Notice of Relief Hearing/Request for Continuance/Withdrawal of Petition

(1) Following receipt of the petition, the Board shall provide written notice of the relief hearing to the following persons or agencies within a reasonable time:

(a) Attorney representing the petitioner, if any;

(b) The Attorney General's Office;

(c) If the petitioner was convicted or found Guilty Except for Insanity, and:

(i) The petitioner was convicted or found Guilty Except for Insanity in Oregon, the district attorney in the county where petitioner's sex crime was adjudicated; or

(ii) The petitioner was convicted or found Guilty Except for Insanity in a United States Court outside Oregon, the district attorney of the county in which the petitioner resides.

(d) The victim of the petitioner's sex crime or offenses identified after a reasonable effort is made, if the court or Panel finds that the victim requests notification;

(e) The sheriff of the county in which petitioner resides;

(f) The chief of police where petitioner resides, if applicable; and

(g) Any other person requesting notification.

(2) Upon the request of any party or on its own motion, the Board may, in its sole discretion, continue a relief hearing to allow the Board or any party to further prepare or obtain additional information or testimony.

(3) If a petitioner withdraws a petition for relief, the notice of withdrawal shall be served in writing on the Board no later than three weeks prior to the scheduled relief hearing date. A petitioner who submits a notice of withdraw according to the time frame outlined in this subsection may re-submit the petition any time after withdrawal.

(4) If a petitioner fails to serve the Board with a notice of withdrawal in a timely fashion, or if the petitioner fails to appear at a relief hearing, the Board shall issue a final order by default denying the petition.

Or. Admin. Code § 859-400-0080

PSRB 3-2018, adopt filed 11/28/2018, effective 12/1/2018

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125

Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125