1. (1) Final orders in Murder Review hearings must be in writing, and if adverse to the inmate include the following:

   1. (a) Findings of fact — a concise statement of those matters that are either agreed as fact or that, when disputed, are determined by the Board to be facts over contentions to the contrary. A finding must be made on each fact necessary to reach the conclusions of law on which the order is based; and
   2. (b) Conclusion(s) of law — applications of the controlling law to the facts found and the legal results of the application.
2. (2) If the Board finds that the inmate has proven by a preponderance of the evidence that the inmate is likely to be rehabilitated within a reasonable period of time, then it is not necessary that the final order include findings of fact or conclusions of law.
3. (3) The Board may also issue its decision orally on the record at the hearing.

Statutory/Other Authority

ORS 163.105, 163.115 & 183.470

History

PAR 5-2007, f. & cert. ef. 7-30-07
PAR 2-2007(Temp), f. & cert. ef. 2-1-07 thru 7-30-07