Or. Admin. Code § 859-050-0005

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

Section 859-050-0005 - Notice

Written notice of hearings will be given to those indicated in ORS 161.346(5) and 161.326.

(1) Those given notice under ORS 161.346(5) and 161.326 include the:

(a) Person about whom the hearing is being conducted;

(b) Attorney representing the person under PSRB jurisdiction;

(c) District attorney;

(d) Community supervisor or case monitor;

(e) Court or department of the county from which the person was committed;

(f) The victim, if the court or Board finds the victim requests notification;

(g) Any other interested person requesting notification;

(h) Forensic unit of Oregon State Hospital;

(2) The written notice of hearings will contain the information specified in ORS 161.346, as follows:

(a) The time, place, and location of the hearing;

(b) The nature of the hearing and the specific action for which a hearing has been requested, the issues to be considered at the hearing and a reference to the particular sections of the statutes and rules involved;

(c) A statement of the legal authority and jurisdiction under which the hearing is to be held; and

(d) A statement outlining the following additional rights:

(A) To appear at all proceedings held pursuant to this section, except for deliberations;

(B) To cross-examine all witnesses appearing to testify at the hearing;

(C) To subpoena witnesses and documents as provided in ORS 161.395;

(D) To be represented by suitable legal counsel possessing skills and experience commensurate with the nature and complexity of the case, to consult with counsel prior to the hearing and, if financially eligible, to have suitable counsel appointed at state expense; and

(E) To examine all information, documents and reports that the agency considers. If available to the agency at that time, the information, documents and reports will be disclosed to the person so as to allow examination prior to the hearing.

(3) In order to reduce the waste associated with unnecessary paper use, the Board will deliver its hearings notices electronically. Those with a need for hard copies may request them from Board staff.

Or. Admin. Code § 859-050-0005

PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 5-2016, f. & cert. ef. 3/17/2016; PSRB 1-2022, amend filed 01/13/2022, effective 1/13/2022

Statutory/Other Authority: ORS 161.387

Statutes/Other Implemented: ORS 161.346, ORS 161.326 & ORS 161.336