Oregon Administrative Code

859-550-0025 Youth's Right to Review Record; Exceptions Youths shall receive written notice of the hearing directly, or through their attorneys, with a statement of their rights in accordance with ORS 419C.532(12). All exhibits to be considered by the Board shall be disclosed to …

859-550-0030 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…

859-550-0035 Motion Practice Any party bringing a motion before the Board shall submit five copies of the motion and supporting memorandum of law to the Board and one to the opposing party no later than 10 days prior to the hearing date in which the motion will be heard. Statutor…

859-550-0040 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…

859-550-0045 Witnesses and Documents; Subpoena Witnesses or documents may be subpoenaed as provided in ORS 161.395. Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.346, 161.395 & 419C.532 History: PSRB 2-2010, f. & cert. …

859-550-0050 Testimony Given on 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. Statutory/Other Authority: ORS 161.385, 161.387; OL 2007 & Ch. 889 § 6 (SB 328) Statutes/…

859-550-0055 Standards and Burdens of Proof (1) The standard of proof on all facts and issues at hearings of the Board shall be the preponderance of the evidence. (2) The burden of proof shall depend on the type of hearing. State has the burden at all hearings except at a youth-r…

859-550-0060 Burden of Going Forward The party that has the burden of proof shall also have the burden of going forward with the evidence by calling and examining witnesses, proposing conditions of release or bringing other matters before the Board. Statutory/Other Authority: ORS…

859-550-0070 Cancellation of Hearing (1) A youth may request to cancel a youth-requested hearing. However, unless a youth makes such a request in writing and with at least 3 weeks' advance notice, the youth shall not be eligible to request another hearing for six months from the …

859-550-0075 Use of Restraints (1) It is the Board’s preference to have a youth appear at hearing without physical restraints. If, in the judgment of the youth's physician, the youth might need restraint, the Board would request that additional secure facility staff attend the he…

859-550-0080 Decisions of the Board (1) The Board may issue its decision orally on the record at the hearing, and will do so unless it has reason to delay issuing its findings. (2) Within 30 days following the conclusion of a hearing, the Board shall provide the youth, the attorn…

859-550-0085 Notification of Right to Appeal At the conclusion of a Board hearing, the chair or acting chair shall provide the youth and attorney with written notification of the right to appeal an adverse decision within 60 days from the date an order is signed and the right to …

859-550-0090 Youth Appearing Pro Se The Board shall not allow a youth to represent himself or herself. Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.346 & 419C.532 History: PSRB 2-2010, f. & cert. ef. 9-28-10

859-550-0095 Examination of Youth (1) The Board may, on its own motion, appoint a psychiatrist or psychologist to conduct a forensic mental health assessment and to submit a jurisdictional report to the Board, including an opinion as to the mental condition of the youth, whether …

859-550-0100 Appearance at Hearings by Remote Means (1) Participation via telephone, other two-way electronic communication device, or simultaneous electronic transmission (collectively hereafter, “by remote means”) is permitted at PSRB Hearings. (a) All participants appearing by…

859-550-0110 Records of Hearings All Juvenile Panel hearings, except Board deliberations, will be recorded by electronic means which can be transcribed. All documents considered will be included in the file and kept as part of the record: (1) Audio recordings capable of being tra…

859-560-0005 Issues At any hearing before the Board, the issues considered shall be limited to those relevant to the purposes of the hearing. Notice of intent to raise new issues shall be given to the Board in writing at least 10 days prior to the hearing. If new issues are raise…

859-560-0010 Primary Concern: Protection of Society In determining whether a youth should be committed to a state secure facility, conditionally released or discharged, the Board shall have as its primary concern the protection of society. In considering the issue of dangerousnes…

859-560-0015 Issues and Findings to Be Addressed At Hearings (1) Issues To Be Addressed At Hearings: (a) At each and every hearing before the Board, the Board shall determine whether the youth is affected by a serious mental condition or a qualifying mental disorder and presents …

859-560-0045 Mandatory Hearings The Board shall have periodic mandatory hearings for all youth pursuant to ORS chapter 419C; annually for youth residing in a secure child or adolescent inpatient program and every 3 years for a youth on conditional release. (1) In both of these ty…

859-560-0050 Status Hearing (1) The Board may hold a hearing on its own motion at any time to review the status of a youth to determine whether modification, revocation, any other change in conditional release or a status is warranted. (2) The Board may order the youth to appear …

859-570-0005 Cases of Court Conditional Release Upon receipt of the judgment order where the court has placed the youth on conditional release, the Board shall review each court conditional release file at a full hearing. In those cases the Board may: (1) Issue an order continuin…

859-570-0010 Conditional Release Planning for Youths in Secure Facilities (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 youth. The De…

859-570-0015 Board Order of Conditional Release If the Board finds the youth may be treated and controlled in the community and a verified conditional release plan is approved by the Board, the Board may order the youth placed on conditional release. In making that determination,…

859-570-0020 Conditional Release Order (1) The Board shall impose any or all of the following elements in a conditional release plan that are appropriate and necessary to insure the safety of the public: (a) Housing: must be available for the youth and may include 24-hour staffed…

859-570-0025 Modification Of/Discharge From Conditional Release (1) Modification. Modification of an order of conditional release may be proposed by the youth, the person supervising the youth, or staff of the mental health facility providing treatment to the youth, or the Board …

859-570-0030 Evaluation and Reports (1) All reports and evaluations received on the youth's fitness for conditional release, modification of conditional release or revocation, and monthly progress shall be made a part of the board’s record. (2) All serious incidents must be commu…

859-570-0035 Out-of-State Conditional Release Order The Board may consider and approve a conditional release plan to have the youth reside out of state. Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.332, 161.336, 161.34…

859-580-0005 Revocation of Conditional Release/Affidavit (1) Revocation of conditional release may be affected by preparation of an affidavit and order of revocation in accordance with procedures set forth in this division. (2) As an alternative to revocation of conditional relea…

859-580-0010 Reasonable Grounds for Revocation Reasonable grounds for revocation of a conditional release include: (1) The youth has violated term(s) of the conditional release plan such that the youth would pose a substantial risk of danger to others; or (2) The youth's mental s…

859-580-0015 Post-Revocation Procedure Once revocation is effectuated, the Board shall request additional information from the youth’s case manager regarding the circumstances and reason for the conditional release failure and a recommendation regarding future treatment and relea…

859-590-0005 Reconsideration A party to the hearing may request reconsideration of a Board finding in writing or, on its own motion, the Board may reconsider the finding. (1) If an issue is appropriately raised, the matter shall be remanded to the Board for hearing on that issue.…

859-600-0005 Compliance State and/or local mental health and developmentally disabled programs shall comply with any order of the Board. Statutory/Other Authority: ORS 137, 161, 192, 428 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.336, 161.346, 419…

859-600-0020 Discharge The Department of Human Services and Oregon Health Authority is responsible for preparation of discharge plans as specified in ORS 161.390(2). Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.336, 16…

859-600-0025 Leaves and Passes (1) Any overnight or out-of-town leave of absence or pass request for the youth in a secure children’s inpatient treatment program shall be signed by a physician and submitted to the PSRB on the Board’s pass request form no less than three days prio…

859-600-0030 Emergency Move Exceptions (1) Nothing in Divisions 501 through 600 prohibits the Board, the youth’s SAIP, SCIP, SITP, or community placement, and the Oregon Health Authority from entering into a mutually satisfactory agreement regarding the youth’s placement in the c…

860-001-0000 Applicability and Waiver (1) These rules govern practice and procedure before the Public Utility Commission of Oregon (Commission). The Commission will liberally construe these rules to ensure just, speedy, and inexpensive resolution of the issues presented. The Oreg…

860-001-0010 Definitions As used in this division: (1) “Applicant” means a person requesting or applying for a right, privilege, power, or other authority, or seeking permission to exercise a right or privilege under a statute requiring the filing of an application. (2) “Authoriz…

860-001-0020 Hours of Operation, Location, and Contact Information (1) Office Hours: Commission offices are open to the public between 8:00 a.m. and 5:00 p.m., Monday through Friday, except on legal holidays as defined in ORS 187.010 or when the Commission’s office is closed by a…

860-001-0030 Notice of Commission Proceedings (1) A person may request to receive electronic notice of: (a) Commission public meetings; (b) Permanent rulemaking proceedings that involve electric, natural gas, telecommunications, water, wastewater, or procedural matters; and (c) C…

860-001-0040 Commission Publications The Commission will charge fees reasonably calculated to reimburse the agency for the costs of annual subscriptions, agency publications, and materials related to agency proceedings. These fees, which include mailing costs, are: (1) Subscripti…

860-001-0050 Late Fees and Penalties (1) The Commission will impose the following late fees and penalties when applicable: (a) Check returned for non-sufficient funds: $25. (b) Costs incurred by the Commission to collect past-due amounts: At cost. (2) The Commission will impose t…

860-001-0060 Public Records Requests (1) This rule governs requests for access to the Commission’s public records under the Public Records Law, ORS 192.311 through 192.478. (2) A person may request access to the Commission’s public records through its public records request platf…

860-001-0070 Confidential Information (1) This rule applies to information submitted under a claim of confidentiality under the Public Records Law, but does not apply to information designated as confidential under a protective order in a contested case proceeding. (2) At the tim…

860-001-0080 Protective Orders (1) Protective Orders. The Commission’s protective orders govern the access and use of protected information in Commission proceedings. The purpose of a protective order is to allow parties, including any party that is a limited procedural interveno…

860-001-0090 Delegation of Authority to Administrative Law Judge (1) The Commission delegates to the ALJ authority to: (a) Regulate the course of rulemaking, contested case, and declaratory ruling proceedings, including scheduling, recessing, reconvening, and adjourning hearings;…

860-001-0100 Impartiality (1) An ALJ may be disqualified from presiding over specific proceedings for the same reasons and under the same circumstances as specified in JR 3.10. of the Oregon Code of Judicial Conduct. (2) A party may move for disqualification of an ALJ if the ALJ’…

860-001-0110 Appeal to the Commission from Ruling of Administrative Law Judge (1) A party may request that the ALJ certify an ALJ’s written or oral ruling for the Commission’s consideration. A party must request certification of a ruling within 15 days of the date of service of t…

860-001-0120 Grant Eligibility (Precertification and Case Certification) (1) Under ORS 757.072, a utility providing electricity or natural gas may enter into a written agreement to provide financial assistance to an organization that represents broad customer interests in Commiss…

860-001-0130 Termination of Eligibility; Decertification (1) Upon the filing of a complaint under ORS 756.500 or upon a Commission investigation or motion under 756.515, the Commission may terminate the precertification or case certification of an organization if it finds that: (…