Or. Admin. R. 291-066-0250
Administrative Review of the Hearings Officer’s Findings
Effective Jan 5, 2021ORS 179.040, 423.020, 423.030, 423.075, 421.500 to 421.512 & 421.168 | Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.500 to 421.512 & 421.168Department of Corrections
- (1) The AIC may request an administrative review of the Hearings Officer’s findings by submitting a request in writing to the Releasing Authority or designee within ten calendar days of the completion date on the Hearings Officer’s report.
(2) Upon receipt of the petition for administrative review, the Releasing Authority or designee shall review the case to determine:
- (a) Was there substantial compliance with the rule (OAR 291-066);
- (b) Was the finding based upon a preponderance of evidence.
- (3) If the Releasing Authority or designee determines there was substantial compliance with the rule (OAR 291-066) and the finding was based on a preponderance of evidence, the AIC will be issued a written response supporting such a determination within ten business days of receipt of the request.
- (4) If the Releasing Authority or designee determines there was not substantial compliance with the rule (OAR 291-066) or the finding was not based on a preponderance of the evidence, they may direct the hearing to be reopened or vacate all or part of the final order in the case.
- (5) Documentation submitted to the Releasing Authority or designee shall not be returned to the AIC.
Statutory/Other Authority
ORS 179.040, 423.020, 423.030, 423.075, 421.500 to 421.512 & 421.168
Statutes/Other Implemented
ORS 179.040, 423.020, 423.030, 423.075, 421.500 to 421.512 & 421.168
History
DOC 1-2021, adopt filed 01/05/2021, effective 01/05/2021
DOC 11-2020, temporary adopt filed 07/16/2020, effective 07/16/2020 through 01/11/2021