Oregon Administrative Code

859-200-0085 Evidence Considered; Admissibility The Board shall consider all evidence available to it which is material, relevant and reliable. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible, i…

859-200-0090 Motion Practice (1) Prehearing motion practice. Any party bringing a motion before the Board shall submit the motion and memorandum of law to the Board and the opposing party 14 days prior to the hearing date in which the motion will be heard, (2) During a Board hear…

859-200-0095 Objections to Evidence The chairperson or acting chairperson shall rule on questions of evidence. Hearsay evidence shall not be excluded unless the chairperson or acting chairperson determines the evidence is not material, relevant or reliable. (1) In determining whe…

859-200-0100 Testimony Given under Oath The Board shall take testimony of a witness upon oath or affirmation of the witness administered by the chairperson or acting chairperson at the hearing. Victims who wish to give a victim impact statement at a hearing do not need to be swor…

859-200-0105 Standards and Burdens of Proof (1) The standard of proof on all issues at all hearings of the Board under Division 200 shall be preponderance of the evidence. (2) The State always has the burden of proof for all PSRB hearings and the State has the burden of going for…

859-200-0110 Continuance of Hearing Upon the request of any party or on its own motion, the Board may, for good cause, continue a hearing for a reasonable period of time. When either party requests a continuance, it shall be in writing. The request should also include the other p…

859-200-0115 Waiver of Appearance at Hearings (1) An extremely dangerous person with mental illness may waive appearance at an initial hearing or certification hearing. The Board will still hold the hearing in the person’s absence. (2) An extremely dangerous person with mental il…

859-200-0120 Use of Restraints (1) The Board prefers to have patients appear at hearings without physical restraints. If, in the judgment of the person's physician, the patient might need restraining, the Board prefers to have staff attending the hearing with the patient rather t…

859-200-0125 Quorum; Decisions; Board Member Conflicts For any Board hearing: (1) Three concurring votes (affirmative or negative) are required to make a Board decision. (2) When three members cannot agree on the decision, the hearing may be continued for a reasonable time and th…

859-200-0130 Orders of the Board (1) The Board shall provide a copy of any Board order to those persons listed in OAR 859-200-0055 within 30 days of the conclusion of the hearing or administrative review; (2) The order of the Board shall be signed by a member of the panel present…

859-200-0135 Notification of Right to Appeal At the conclusion of a Board hearing, the chairperson or acting chairperson shall provide the person and attorney with written notification advising of the right to appeal on an adverse decision within 60 days from the date an order is…

859-200-0140 Patient Appearing Pro Se (1) When a patient waives the right to be represented by an attorney, the Board may approve an individual’s appearance, pro se, after a record is established that the person is competent to represent himself/herself pro se. (2) If the Board c…

859-200-0145 Examiners for Board Proceedings (1) For hearings before the Board that require an examination report, the Oregon State Hospital or, if on conditional release, the community provider responsible for the person’s care and supervision shall ensure that an examination is…

859-200-0147 Content of Examination Reports for PSRB Hearings (1) The requirements in this rule apply to examination reports prepared for use in hearings before the Psychiatric Security Review Board (Board). The examination is conducted to provide clinical and behavioral informat…

859-200-0148 Examination Submission Requirements (1) This rule governs the timing for submission of examination reports required for hearings before the Board. (2) Unless otherwise specified, an examination report required for a hearing under OAR 859-200-0070 shall be submitted n…

859-200-0150 Victim's Rights (1) The Board shall make reasonable efforts to notify victims identified in the commitment order or victims who have requested to be notified of any of the following regarding the extremely dangerous person with mental illness: (a) Any order; (b) Hear…

859-200-0200 Court Conditional Release (1) If a court orders the conditional release of a person it is called a court conditional release. (2) The Board may review a Court Conditional Release Order at an administrative review. The possible results of the hearing are as follows: (…

859-200-0205 Board Order for Evaluation for Conditional Release (1) All inpatient and outpatient community evaluations must be approved by the Board. (2) At any time the state hospital may request a community evaluation for community placement of the person. Prior to any such req…

859-200-0210 Responsibility to Prepare a Summary of Conditional Release Plan (1) When the hospital determines that a person may be ready for conditional release, the hospital staff and the community provider will jointly prepare the conditional release plan and submit it to the B…

859-200-0215 Basis for a Finding of Conditional Release (1) In determining whether an Order of Conditional Release is appropriate, the Board shall have as its goals the protection of the public, the best interests of justice, and the welfare of the individual. The Board may consi…

859-200-0220 Elements of the Conditional Release Order The Board shall consider any or all of the following elements of a conditional release plan and determine which are appropriate and necessary to ensure the safety of the public: (1) Housing: Housing must be available for the …

859-200-0225 Modification or Termination of Conditional Release (1) Modification or termination of an Order of Conditional Release may be proposed by the state hospital or state or local facility providing treatment to the person, PSRB case manager or his/her designee, a party, o…

859-200-0230 Conditional Release Evaluation and Reports (1) All reports and evaluations received on the person’s fitness for conditional release, modification of conditional release or revocation, and monthly progress shall be made a part of the record in the hearing. (2) All ser…

859-200-0235 Monthly Reporting (1) The person designated by the Board as having primary reporting responsibility shall submit monthly progress reports no later than the 10th day of the month for the previous month’s progress. These reports shall be submitted on the form provided …

859-200-0300 Reasonable Grounds for Revocation (1) If at any time while a person is conditionally released it appears that hospitalization is required, the Board may order the person returned to the state hospital for evaluation or treatment. (2) The Board will explore all availa…

859-200-0305 Order of Revocation; Emergency Order of Revocation; After Hours Revocation Process (1) Upon the recommendation of the staff of the Psychiatric Security Review Board and receipt of an affidavit recommending revocation based on noncompliance with an order of the Board …

859-200-0310 Procedure for Transporting a Revoked Person (1) After a written or electronic Order of Revocation has been signed by a Board member, the Board Executive Director, or the community mental health program director if the person has absconded from conditional release, th…

859-200-0315 Emergency Move Exceptions (1) Nothing in Division 200 prohibits the Board, the community placement, and the Oregon Health Authority from entering into a mutually satisfactory agreement regarding the patient’s temporary placement in the community during an emergency. …

859-200-0320 Diversity, Equity, and Inclusion The PSRB will engage in rulemaking and hearing processes consistent with the priorities of the Governor and the policies implemented by the Oregon Office of Diversity, Equity, and Inclusion/Affirmative Action. Statutory/Other Authorit…

859-300-0001 Determination of Sufficient Funding (1) The Psychiatric Security Review Board has determined that it has received sufficient legislative appropriation or other funding to carry out the provisions of Section One of Oregon Laws 2009, Chapter 826. (2) The Psychiatric Se…

859-300-0010 Rulemaking Procedure; Notice Prior to the adoption, amendment or repeal of any rule related to the gun relief program, the Psychiatric Security Review Board shall give notice of the intended action: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 …

859-300-0020 Cost of Administrative Rules State employees may receive a printed copy of Oregon Administrative Rules on request at no cost. Any person not employed by the State of Oregon shall pay $0.25 per page for a printed copy of the Gun Relief Program Administrative Rules. Or…

859-300-0030 Definitions (1) "Dangerous”. A person is dangerous if the person is a threat to himself or others or is likely to inflict harm to self or others. (2) “Gun Relief Panel” or “Panel”. A three member panel from either the Adult or Juvenile Panel who hears and considers p…

859-300-0040 Background and Purpose of Gun Relief Program (1) The federal Brady Handgun Violence Prevention Act of 1993 (“Brady Act”) prohibits any person from selling or otherwise disposing of any firearm or ammunition to any person who has been involuntarily “committed to a men…

859-300-0050 Petition for Relief (1) An individual who is barred from transporting, shipping, possessing, or receiving a firearm under federal law due to a State of Oregon mental health determination may petition for relief of the firearm bar to the PSRB for the limited purpose o…

859-300-0060 Time Limits; Applying for Relief Subject to OAR 859-300-0080(3), a petition for relief may not be filed with the Board more than once every two years. Statutory/Other Authority: ORS 161.387(1), OL 2009 & Ch. 826 (HB 2853) Statutes/Other Implemented: ORS 161.387(1), O…

859-300-0070 Timing of Relief Hearing (1) Following receipt of a completed Petition for Relief and all required supporting documents, the Gun Relief Panel shall conduct a relief hearing on the petition within a reasonable time. (2) The Board will schedule relief hearings at least…

859-300-0080 Notice of Relief Hearing/Request for Continuance/Withdraw 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 peti…

859-300-0090 Principal Issue Before The Panel/Challenges to the Firearm Disqualification (1) The sole issue at any Gun Relief hearing shall be whether the petitioner has demonstrated that he or she will not be likely to act in a manner that is dangerous to public safety and that …

859-300-0100 Quorum and Decisions of Panel (1) The presence of at least three members of the same Panel constitutes a quorum. Members of both the Juvenile Panel and the Adult Panel may serve as the Gun Relief Panel. Three concurring votes (affirmative or negative) are required to…

859-300-0110 Public Meetings Law (1) All gun relief hearings shall be open to the public in accordance with the Public Meetings Law. (2) Deliberations of the Panel shall not be open to the public. For the purposes of this subsection, the term “public” does not include PSRB employ…

859-300-0120 Records (1) A record shall be kept of all gun relief hearings. The hearing shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the presiding officer in the case a…

859-300-0130 Public Records Law; Confidentiality The parties shall have the right to review any records to be considered at the relief hearing. All parties and their representative attorneys shall sign confidentiality agreements, as necessary, prior to inspecting or reviewing any…

859-300-0140 Evidence Considered; Admissibility The Panel shall consider all evidence available to it which is material, relevant and reliable. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible, i…

859-300-0150 Motion Practice Any party bringing a motion before the Panel shall submit five copies of the motion and memorandum of law to the Panel at least 10 days prior to the date of the hearing in which the motion will be heard. Statutory/Other Authority: ORS 161.387(1), OL 2…

859-300-0160 Independent Examination of Petitioner (1) The PSRB may require that the petitioner undergo an independent forensic mental health assessment in addition to the one submitted by petitioner. The assessment shall include at a minimum, an opinion and a basis for that opin…

859-300-0170 Objections to Evidence The presiding officer shall rule on questions of evidence. All evidence shall be admitted unless the presiding officer determines the evidence is not material, relevant or reliable. (1) In determining whether the evidence is material, relevant …

859-300-0180 Witnesses and Documents; Subpoena (1) Witnesses or documents may be subpoenaed either by a party or upon the Board’s own motion. (2) A party may request the Board issue a subpoena upon a proper showing of the general relevance and reasonable scope of the documentary,…

859-300-0190 Testimony Given on Oath The Panel shall take testimony of a witness upon oath or affirmation of the witness administered by the presiding officer at the relief hearing. Statutory/Other Authority: ORS 161.387(1); OL2009 & Ch. 826 (HB 2853) Statutes/Other Implemented: …

859-300-0200 Standard and Burden of Proof (1) The standard of proof at the relief hearing shall be whether petitioner has demonstrated by clear and convincing evidence that the petitioner will not be likely to act in a manner that is dangerous to public safety and that granting t…