Current through Register Vol. 63, No. 9, September 1, 2024
(1) An
offender may obtain administrative review of a final Board action by sending a
request for review to the Board within forty-five (45) days after the mailing date
on the Board's final action on the issue to be reviewed.
(2) The Board will reject an untimely request for
administrative review. Timeliness will be determined as follows for all Board
actions except Orders of Supervision:
(a) The
request is physically received by the Board on or before the 45th day after the
mailing date on the Board's final action on the reviewed issue; or
(b) The request is delivered to the Board:
(A) by mail in an envelope bearing a United States
Postal Service (USPS) cancellation stamp, a USPS postage meter electronic imprint,
sticker, or stamp, a postage meter sticker or stamp from a "postage evidencing
system" that is regulated and approved for use by the United States Postal Service
pursuant to 39 CFRs. 501, et seq., that is dated on or before the
45th day after the mailing date on the Board's final action: a postage evidencing
system refers to postage by any method other than postage stamps and includes (but
is not limited to) postage meters; or
(B) by a parcel delivery service such as, or
comparable to, United Parcel Service, Federal Express, or Airborne Express, that
indicates the date on which the parcel delivery service received material for
delivery to the Board, which date is on or before the 45th day after the mailing
date on the Board's final action.
(C) If
the Board finds that the administrative review request was not:
(a) placed in the mail on the date indicated on
the postage meter sticker or stamp or
(b) delivered to the parcel delivery service on
the date indicated on the parcel delivery service receipt, the delivery rules in OAR
255-080-005(2)(b)(i) and (ii) shall not apply.
(c) In the case of an inmate, if there is no
legible USPS cancellation stamp or other postal mailing verification as defined in
paragraph (2)(b) above, the request will be treated as timely if the inmate signed
and dated the request and placed it in the institutional mailing system, following
all applicable Department of Corrections rules, on or before the 45th day after the
mailing date on the Board's final action.
(3)
(a) For
Orders of Supervision (including Orders to Continue/Amend Supervision), an offender
must request administrative review within forty-five (45) days after the date he or
she received the order. The Board will reject a request for administrative review of
an Order of Supervision as untimely unless:
(A)
The request is physically received by the Board on or before the 45th day after the
date the offender received the order as determined by offender's signature on the
order or other proof as stated in paragraph (3)(b); or
(B) The request is delivered to the Board by mail
in an envelope bearing a United States Postal Service (USPS) cancellation stamp or
other postal mailing verification as defined in paragraph (2)(b) above, dated on or
before the 45th day after the date the offender received the order as determined by
offender's signature on the order or other proof as stated in paragraph
(3)(b).
(b) The offender's
date of receipt may be established by:
(A) The date
the order was signed by the offender, or
(B) If the offender did not sign the order, the
Board will accept an electronic chronological entry or a note made by an employee of
the Department of Corrections or of the supervisory authority as evidence of the
date the offender received the Order of Supervision.
(4) If the Board or its designee finds that the
request is timely, and that it is consistent with the criteria as defined in rules
255-080-0010 and 255-080-0011, and meets the deadline requirements, the Board will
respond to the request using the procedures outlined in OAR 255-080-0012.
(5) When the Board or its designee grants review,
the Board shall send the offender a written response.
(a) If relief is denied, the response will explain
the reasons for the decision. When relief is denied, the prior decision
stands.
(b) If relief is granted, the
response will either implement the relief, or specify the Board action to be taken
implementing relief.
(6) When
the Board or its designee denies review, the Board shall send the offender written
notice of the specific reasons for denial.
(a) When
review is denied, the prior decision stands.
Exhibits referenced are available from the
agency.
Stat. Auth.: ORS
144.335
Stats. Implemented: ORS
144.335
