Or. Admin. Code § 291-046-0100

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

Section 291-046-0100 - Administrative Review

(1) Petitions for administrative review of involuntary administrative segregation or protective custody must be filed by the inmate with the Assistant Director of Operations within 30 calendar days after the recommendation is signed by the Institutions Administrator. Filing a petition for administrative review shall not stay the imposition of the recommendation. Petitions for administrative review shall minimally state the following:

(a) The date the hearing was completed and the hearings case number.

(b) Sufficient information to show why the finding and subsequent recommendation was not in accordance with the provisions set forth in the rule (OAR 291-046).

(2) Upon receipt of the petition for administrative review, the Assistant Director of Operations shall review the case to determine:

(a) Was there substantial compliance with the rule;

(b) Was the finding and subsequent recommendation based on evidence that was reliable and reasonable; and

(c) Was the recommendation imposed in accordance with the provisions set forth in this rule (OAR 291-046).

(3) If the Assistant Director of Operations determines that there was substantial compliance with the rule (OAR 291-046), the finding was based on reliable and reasonable evidence, and the recommendation imposed was in accordance with the provisions set forth in the rule (OAR 291-046), he/she shall so inform the inmate.

(4) If the Assistant Director of Operations determines that there was not substantial compliance with the rule (OAR 291-046), the finding was not based on reliable and reasonable evidence, or the recommendation imposed was not in accordance with the provisions set forth in the rule (291-046), he/she shall direct the hearing to be re-opened or vacate all or part of the final recommendation in the case.

(5) The Assistant Director of Operations shall provide the inmate with a written response to the petition for administrative review within 30 days from the date it is received by him or her. Documentation submitted to the Assistant Director of Operations shall not be returned to the inmate.

(6) Petitions that do not meet the requirements as defined by this rule will be returned to the inmate.

Or. Admin. Code § 291-046-0100

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