Or. Admin. Code § 291-046-0035

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

Section 291-046-0035 - Findings

(1) No Justification: The hearings officer may find that the factual allegations do not support involuntary placement in administrative segregation or protective custody, in which case the hearings officer will recommend that the inmate remain in general population status with all rights and privileges of that status.

(a) The report shall be processed with final action subject to review by the Institutions Administrator.

(b) The findings must be on the merits. Technical or clerical errors in the writing or processing of the allegations shall not be grounds for a no justification finding, unless there is substantial prejudice to the inmate.

(2) Justification: The hearings officer may find the factual allegations do support placement in administrative segregation or protective custody, in which case the hearings officer will so inform the inmate, and recommend that he/she be assigned to administrative housing for a specified period of time, as recommended by the functional unit manager, but not to exceed 180 days. The report shall be processed and recorded with final action subject to review by the Institutions Administrator.

Or. Admin. Code § 291-046-0035

CD 7-1980(Temp), f. & ef. 4-1-80; CD 19-1980, f. & ef. 5-30-80; CD 47-1985, f. & ef. 8-16-85; CD 28-1987, f. & ef. 6-5-87; CD 30-1997, f. 12-19-97, cert. ef. 1-1-98; DOC 18-2008, f. 7-18-08, cert. ef. 7-21-08

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075