Or. Admin. Code § 291-127-0515

Current through Register Vol. 63, No. 11, November 1, 2024

Section 291-127-0515 - Administrative Review

(1) Request for Administrative Review by Director's Designee:

(a) An adult in custody or prospective visitor may request administrative review of a decision denying a visiting application by submitting a completed administrative review for denial of visiting application form (CD 1594) to Visiting Services. The administrative review request must include information supporting reversal or modification of the decision and be submitted with copies of any documents or official records in support of the same. The administrative review request must be received by Visiting Services within 60 days of the date of the visiting application denial letter.

(b) Upon the timely receipt by Visiting Services of a completed administrative review for denial of visiting application form (CD 1594) together with copies of any supporting documents or updated official records, the Director's designee will review the decision denying the visiting application and either affirm, reverse, or otherwise modify the decision as circumstances warrant. The Director's designee may request additional information from the adult in custody, prospective visitor, law enforcement agency, or other reliable resource in order to complete the review.

(c) Reversal or Modification of a Decision Denying a Visiting Application: A decision denying a visiting application may be reversed or modified by the Director's designee in the following circumstances:

(A) The initial decision is determined by the Director's designee to have been made in error based on incorrect information or an incorrect application of these rules; or

(B) Circumstances impacting visiting eligibility changed since the date of the decision denying the visiting application under review.

(d) The Director's designee's decision on administrative review shall be applied consistently to all department facilities unless otherwise stated in the decision and will be noted in the Department of Corrections Visitor Tracking System.

(e) The Director's designee's decision shall be final and not subject to further review.

(2) Administrative Review by Assistant Director of Correctional Services for Extraordinary Circumstances:

(a) Notwithstanding any other provision of these rules, the Assistant Director of Correctional Services may, in their sole discretion, reverse or modify a decision denying an application for visiting between an adult in custody and an immediate family member of the adult in custody for extraordinary circumstances based upon recommendation of the functional unit manager or designee.

(b) The Assistant Director's decision shall be final and not subject to further review.

Or. Admin. Code § 291-127-0515

DOC 12-2019, adopt filed 6/24/2019, effective 7/1/2019; DOC 7-2024, temporary amend filed 05/16/2024, effective 5/16/2024 through 11/11/2024; DOC 22-2024, amend filed 10/08/2024, effective 10/8/2024

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

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