Current through Register Vol. 63, No. 9, September 1, 2024
(1) Within 10 working days following the
conclusion of the hearing, the Hearings Officer shall prepare and deliver to
the functional unit manager or designee a Preliminary Order containing the
Hearings Officer's finding of fact and conclusions of law and recommendations
for review.
(2) The Hearings
Officer may issue an amended order for restitution purposes. In all such
instances, the Hearings Officer shall convene or reconvene a hearing with the
AIC regarding the restitution issue(s), in accordance with the provision of OAR
291-105-0028 and
291-105-0056. In such cases the
AIC shall be provided a Notice of Hearing in accordance with OAR
291-105-0056(3),
a brief written description of what the restitution is for, and the amount of
restitution to be ordered.
(3) Upon
receipt of the Preliminary Order, the functional unit manager or designee shall
note the date received on the order. Within five working days after receipt of
the Preliminary Order, the functional unit manager or designee shall do one of
the following:
(a) Approve and sign the
Preliminary Order without amendment, upon which the Preliminary Order becomes
the Final Order; or
(b) Issue an
amended order dismissing the misconduct report(s) or changing the disciplinary
sanction(s) or their imposition in the Preliminary Order, for one or more of
the reasons specified in OAR
291-105-0031(5),
upon which the amended order becomes the Final Order; or
(c) Order the Hearings Officer to reopen the
hearing to receive and consider additional evidence not submitted in the
original hearing, and to issue an amended Preliminary Order after consideration
of the additional evidence.
(4) If the functional unit manager or
designee fails to act on the Preliminary Order within seven working days
following its receipt, the Preliminary Order shall become the Final
Order.
(5) Grounds for Issuance of
Amended Orders: The functional unit manager or designee may issue an amended
order for one or more of the following reasons:
(a) The evidence in the record is
insufficient to support the violation(s) found, in which case the functional
unit manager or designee may find a violation of a lesser included violation or
order the dismissal of the misconduct report(s);
(b) The sanction(s) imposed by the Hearings
Officer was not within the range of sanction(s) in the correct box on the grid,
in which case the functional unit manager or designee may impose appropriate
sanction(s) from the correct grid box;
(c) The deviation of disciplinary segregation
sanction ordered by the Hearings Officer was not supported by written
substantial reasons, in which case the functional unit manager or designee may
impose the appropriate sanctions without the deviation of disciplinary
segregation sanction or order the deviation of disciplinary segregation
sanction upon written substantial reasons found by the functional unit manager
or designee;
(d) The deviation of
disciplinary segregation sanction ordered by the Hearings Officer included a
segregation sanction in excess of 50 percent, in which case the functional unit
manager or designee shall impose a sanction that does not exceed 50
percent;
(e) The consecutive
segregation sanctions imposed by the Hearings Officer for multiple rule
violations from the same misconduct report were not supported by written
reasons, in which case the functional unit manager or designee may impose the
segregation sanctions served concurrently or order the segregation sanctions
served consecutively upon written reasons;
(f) To order a deviation of disciplinary
segregation sanction not ordered by the Hearings Officer upon written
substantial reasons found by the functional unit manager or designee;
(g) To impose mandatory consecutive
sanction(s) not imposed by the Hearings Officer for multiple rule violations
from two or more misconduct reports;
(h) To impose consecutive sanctions not
imposed by the Hearings Officer for multiple rule violations from the same
misconduct report, upon written reasons;
(i) To suspend imposition of any or all
sanction(s) imposed by the Hearings Officer, informing the AIC of expected
conduct to avoid imposition of the sanction(s);
(j) To impose any or all sanctions ordered
suspended by the Hearings Officer. The reasons for imposing the previously
suspended sanctions shall be explained in writing in the order; or
(k) To amend sanction(s) imposed or to impose
sanction(s) not imposed by the Hearings Officer, within the range of sanctions
listed in the appropriate grid box and OAR
291-105-0066(2),
OAR 291-105-0069, or OAR
291-105-0071.
(6) Within seven working days
after the Final Order is signed by the functional unit manager or designee or
after a Preliminary Order becomes the Final Order under OAR
291-105-0031(3) and
(4), a copy of the Final Order shall be sent
to the AIC.
(7) Clerical errors on
the written Findings of Fact, Conclusions, and Order may be rectified by
correcting that document to accurately reflect the results of the hearing,
without actually reconvening the hearing. The AIC shall be notified in writing
of such corrections.
(8) The record
of the hearing and all supporting documents shall be maintained in the Hearings
Unit's records as per retention schedules. A copy of the misconduct report(s)
and the Final Order (Findings of Fact, Conclusions, and Order) shall be
permanently retained in the AIC's institution file, except in those instances
where all major charges have been reduced to minor violations or dismissed by
the Hearings Officer.
Statutory/Other Authority: ORS
179.040,
421.068,
421.180,
423.020,
423.030 &
423.075
Statutes/Other Implemented: ORS
179.040,
421.068,
421.180,
423.020,
423.030 &
423.075
