Oregon Administrative Code

250-030-0110 Restrictions for the Deschutes River (1) A person must not use a motor for propelling a boat for any purpose: (a) On the portion of the river bordering the Warm Springs Reservation, year round (ORS 830.180); (b) Between the northern boundary of the Warm Springs Reser…

250-030-0120 Restrictions for the Illinois River A person must not use a motor for propelling a boat for any purpose from Deer Creek downstream to Nancy Creek, which is located in the area immediately upstream of Oak Flat. Statutory/Other Authority: ORS 830.110 & 830.175 Statutes…

250-030-0130 Restrictions for the John Day River System (1) A person must not use a motor for propelling a boat for any purpose: (a) Between Service Creek and Clarno Bridge on State Highway 218 from May 1 to September 30 except for 250-030-0130(2); (b) Between Clarno Bridge on St…

250-030-0140 Restrictions for the Minam River A person must not use a motor for propelling a boat for any purpose from Minam Lake downstream to the Wallowa River. Statutory/Other Authority: ORS 830.110 & 830.175 Statutes/Other Implemented: ORS 830.110 History: OSMB 1-2015, f. 1-1…

250-030-0150 Restrictions for the Owyhee River System A person must not use a motor for propelling a boat for any purpose on the West Little Owyhee, North Fork Owyhee and the mainstem Owyhee River above approximately river mile 70 at Pinnacle Rock, as marked. Statutory/Other Auth…

250-030-0160 Restrictions for the Rogue River (1) A person must not use a motor for propelling a boat for any purpose from Grave Creek downstream to the lowermost portion of Blossom Bar Rapids, approximately 250 feet upstream of the top of Devil’s Staircase Rapids, as marked, bet…

250-030-0170 Restrictions for the Salmon River in Clackamas County A person must not use a motor for propelling a boat for any purpose on the Salmon River in Clackamas County. Statutory/Other Authority: ORS 830.110 & 830.175 Statutes/Other Implemented: ORS 830.110 History: OSMB 1…

250-030-0180 Restrictions for the Sandy River A person must not use a motor for propelling a boat for any purpose From Dodge Park downstream to Dabney State Park. Statutory/Other Authority: ORS 830.110 & 830.175 Statutes/Other Implemented: ORS 830.110 History: OSMB 1-2015, f. 1-1…

255-001-0005 Notice of Rulemaking: Time and Manner (1) Prior to the permanent adoption, amendment, or repeal of any rule, the chairperson of the Board or the chair’s designee shall give notice of the proposed action at least 21 days prior to the effective date: (a) In the Secreta…

255-001-0010 Rulemaking Procedure (1) The Board shall adopt all new and revised rules in accordance with the provisions of ORS Chapter 183, the Oregon Attorney General's Model Rules of Procedure and ORS 192.610 to 192.710. The Board will use only those sections of the Model Rules…

255-001-0016 Obtaining Copies of Board Rules (1) The Board shall provide a free copy of its rules to all Oregon Department of Corrections institution law libraries and to any state agency or legislative entity that requests a copy. The Board has the discretion to determine the me…

255-001-0020 Draft to Legislative Counsel Prior to a proposed change in the rules, including temporary rules, the Board may submit a draft of the proposed action to Legislative Counsel. Statutory/Other Authority: ORS 144.140 & 183.310 - 183.550 Statutes/Other Implemented: ORS 183…

255-001-0060 Joint Rules with Other Agencies (1) The Board shall adopt rules jointly with other administrative agencies as required by statute. (2) The Board may adopt rules jointly with another administrative agency when necessary to implement its own rules. (3) Jointly adopted …

255-005-0005 Definitions (1) "Abscond": Unauthorized absence from parole or post-prison supervision. (2) "Active Supervision" or "Active Community Supervision": Supervision requiring a supervising officer's regular contact and monitoring to assure continued compliance with the ge…

255-010-0005 Membership The Board of Parole and Post-Prison Supervision shall consist of those members appointed by the Governor, pursuant to ORS 144.005. Statutory/Other Authority: ORS 144 Statutes/Other Implemented: ORS 144.005 & 144.025 History: PAR 4-1989, f. & ef. 11-1-89 PA…

255-010-0015 Chairperson; Vice-Chairperson; Powers and Duties (1) The Chairperson shall have the powers and duties established by law, and in addition, the powers and duties necessary for the performance of the office, as determined by the Governor. Such powers and duties shall i…

255-015-0002 Board Records The Board shall maintain a separate file on each person under its jurisdiction which shall contain the materials obtained pursuant to ORS 144.185. Statutory/Other Authority: ORS 144.185, ORS 183.335, ORS 192.311 - 192.431, ORS 144.025, ORS 144.050 & ORS…

255-015-0003 Oral Record of Hearing A recording of the oral proceedings of any hearing shall be kept by the Board for at least four years. Statutory/Other Authority: ORS 144.050 & ORS 144.140 Statutes/Other Implemented: ORS 144.130, ORS 144.185 & ORS 192.311 - 192.431 History: PA…

255-015-0004 Public Records Requests (1) All public records of the Board are available for public inspection and copying at the agency during usual business hours, except for records that the agency has determined to be exempt or conditionally exempt from disclosure in accordance…

255-015-0010 Criteria for Denial of Disclosure of Records The Board shall disclose its records to any person or agency unless: (1) Disclosure would interfere with the rehabilitation of a person in custody, and the public interest in confidentiality clearly outweighs the public in…

255-020-0005 Scheduling The chairperson or vice-chairperson of the Board shall schedule regular business meetings and shall schedule additional business meetings as necessary or upon the request of a majority of the Board members. Statutory/Other Authority: ORS 137.320, 137.370, …

255-020-0010 Quorum A business meeting requires the presence of at least a majority of the voting Board members, one of whom shall be the chairperson, vice-chairperson or chairperson’s designee. Statutory/Other Authority: ORS 137.320, 137.370, 144.005, 144.025, 144.035, 144.050, …

255-020-0015 Matters for Consideration; Majority Vote At business meetings, the chairperson, chairperson's designee, Board members, agency staff, or invited guests shall present matters relating to Board policy and administration for consideration. A decision at a business meetin…

255-020-0020 Procedure A business meeting under this division is a public meeting as defined in ORS 192.610 to 192.690. Adequate public notice, public access, and public minutes are required. Statutory/Other Authority: ORS 192.610 - 192.690 Statutes/Other Implemented: ORS 192.610…

255-025-0005 Date Prison Term Starts to Run (1) Generally, the date on which the inmate is delivered to custody of the Department of Corrections for the purpose of serving the sentence is the commencement date for the prison term. (2) In the case of additional consecutive sentenc…

255-025-0010 Credit for Time Served (1) Upon certification of the credit for time served by the Department of Corrections, the board shall grant time served credit towards the prison term for the following time periods: (a) The actual, non-overlapping, certified time served in th…

255-025-0030 Effect of Inoperative Time on Prison Terms Inoperative time shall not count towards the completion of a prison term or an incarceration term for violation of parole or post-prison supervision conditions. In resetting the release date, the inoperative time shall be ad…

255-025-0035 Adjusted Commitment Date for Parole Violations The adjusted commitment date for parole violators with new convictions or new commitments shall be calculated as outlined in OAR 255-075-0078. Statutory/Other Authority: ORS 144 Statutes/Other Implemented: ORS 144 Histor…

255-030-0010 Scheduling Prison Term Hearings (1) The Board shall conduct a hearing to establish a prison term for each new inmate whose crime was committed prior to November 1, 1989, within: (a) Six months of admission to a Department of Corrections facility for those sentenced t…

255-030-0013 Notification of Hearing (1) The Board shall send written notice of the hearing and its purpose to the inmate. The inmate shall receive a copy of the Board Review Packet, including the notice of rights (Exhibit NOR-1), at least 14 days prior to the hearing. (2) If the…

255-030-0015 When Full Board Is Required; Procedures for Board Decision (1) Except as otherwise provided in this rule, a panel of two voting members of the Board shall conduct all prison term hearings and shall make the final decision. (2) A panel of at least two members of the B…

255-030-0021 Manner of Hearing At the chairperson's discretion, the Board or its designated representative may conduct any hearing by teleconference call, videoconference call, or other electronic medium that ensures the inmate, the Board, and other participants the opportunity t…

255-030-0023 Inmate Appearance at Board Hearing (1) The inmate shall be present in person, by telephone or videoconference, or by any other electronic medium that ensures the inmate, the Board, and other participants the opportunity to hear and be heard. (2) If an inmate refuses …

255-030-0024 Prison Term Hearing Waiver (1) Notwithstanding OAR 255-030-0023(3), an inmate may waive his/her right to a prison term hearing based on the following criteria: (a) Sentence of less than 15 years; and (b) Non-person felony (The non-person felonies are designated on Ex…

255-030-0025 Inmate Accompaniment to Board of Parole and Post-Prison Supervision Hearing (1) Purpose: The purpose of these rules is to jointly establish with the Department of Corrections policies and procedures governing who may accompany an inmate in a hearing before the Board …

255-030-0026 Who May Appear at a Board of Parole and Post-Prison Supervision Hearing (1) Inmate Accompaniment: When appearing before the Board of Parole and Post-Prison Supervision in a hearing, an inmate may be accompanied at the Department of Corrections facility in which the i…

255-030-0027 Victim, District Attorney and Inmate Statements (1) During the hearing, the victim(s), personally, by counsel, or by representative, and the district attorney from the committing jurisdiction may make statements not to exceed 15 minutes. The presiding Board member ma…

255-030-0032 Evidence (1) The presiding Board member at a Board hearing shall explain the issues to be decided. In the case of a prison term hearing, those issues are set forth in OAR 255-035-0013. In the case of other types of hearings, the issues are set forth in the applicable…

255-030-0035 Information the Board Shall Consider at a Prison Term Hearing (1) The Board Review Packet shall contain information relevant to the purpose of the hearing, which may include, but is not limited to: (a) Inmate's notice of rights and notice of administrative appeal; (b…

255-030-0040 Inmate's Access to Written Materials/Rebuttal and Deadlines for Receiving Materials (1) The inmate shall have access to all the material in the Board Review Packet except that exempted by OAR 255-015-0010 (Criteria for Denial of Disclosure of Records). (2) The inmate…

255-030-0046 Continuance of Hearings: Cancellation of Hearings (1) 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. A request for a continuance by any party must be for good cause, in writing on…

255-030-0055 Notice of Decision Following Prison Term Hearing (1) Following a Board decision concerning the prison term of an inmate, the Board shall send written notice of the Board's final order to the inmate, district attorney, sheriff or arresting agency, the Department of Co…

255-032-0005 Prison Term Hearing to Be Held (1) An adult person convicted of Aggravated Murder under ORS 163.095 shall receive a hearing within one year of sentencing. A person convicted of Murder under ORS 163.115 that was committed on or after June 30, 1995, and who was sentenc…

255-032-0010 Minimum Period of Confinement Pursuant to ORS 163.105 or 163.115 (1) The minimum period of confinement for an adult person convicted of Aggravated Murder as defined by ORS 163.105(1) shall be thirty (30) years. (2) The minimum period of confinement for an adult perso…

255-032-0015 Petition/Purpose for Review Hearing An inmate not described in OAR 255-032-0005(4) may petition and the Board shall hold a hearing to determine whether the inmate is likely to be rehabilitated within a reasonable period of time: (1) Any time after completion of a min…

255-032-0020 Purpose of Review Hearing The sole issue of the hearing described in OAR 255-032-0015 shall be to determine whether or not the inmate is likely to be rehabilitated within a reasonable period of time. Criteria indicating whether the inmate is likely to be rehabilitate…

255-032-0022 Murder Review Hearings Notice The Board's notice (Exhibit NOR-3MR) must include: (1) A statement that the sole issue to be considered shall be whether or not the inmate is likely to be rehabilitated within a reasonable period of time, and that the inmate shall have t…

255-032-0025 Manner of Review Hearing (1) The proceedings shall be governed by the procedures for records, disclosure, and notice outlined in Divisions 15 and 30. (2) At the hearing, the AIC has: (a) The burden of proving by a preponderance of the evidence the likelihood of rehab…

255-032-0027 Inmate's Right to Review Record; Exceptions Except as provided in OAR 255-015-0010, all exhibits to be considered by the Board shall be disclosed to the inmate's attorney or the inmate, if proceeding pro se, within a reasonable period of time before the hearing: (1) …

255-032-0029 Subpoenas for a Murder Review Hearing (1) Inmates must make their own arrangements for calling and presenting witnesses. However, upon the request of an inmate, and upon a proper showing of general relevance and reasonable scope of the evidence being sought, the Boar…