Current through Register Vol. 63, No. 9, September 1, 2024
(1) Hearing: The AIC shall be entitled to a
hearing whenever a misconduct report has been filed. An AIC receiving a minor
misconduct report shall not receive a formal hearing, unless specifically
requested.
(2) Waiver of Hearing:
(a) The AIC may waive the right to a hearing.
Waiver of the right must be made in writing, verbally, or through behavior and
must be documented on the record. An AIC's refusal to attend the hearing will
constitute a waiver.
(b) If the AIC
waives the right to a hearing, the case will be reviewed on its merits by the
Hearings Officer or adjudicator in accordance with the procedures outlined in
these rules (OAR 291-105).
(3) Notice of Hearing:
(a) The AIC shall be given written notice of
the hearing no less than 24 hours prior to the hearing. The AIC may consent to
holding the hearing sooner either verbally or in writing.
(b) The notice shall include a statement of
the AIC's rights with respect to the hearing.
(4) Representation:
(a) In all cases, the AIC shall be entitled
to:
(A) Provide a defense through written or
oral testimony.
(B) Be present at
all evidentiary stages of the hearing process, except when the Hearings Officer
or adjudicator finds that to have the charged AIC present would constitute an
immediate threat to facility security or the AIC's behavior during the hearing
warrants exclusion. The reason(s) for the finding shall be part of the
record.
(C) AICs shall be excluded
during the testimony of any witness whose testimony must be given in
confidence. The reasons for the AIC's absence or exclusion shall be made part
of the record.
(b)
Assistance by an employee, AIC, or other person approved by the Hearings
Officer or adjudicator will be ordered in cases where it is found that
assistance is necessary based upon language barriers, the AIC's capacity to
prepare a defense, or the AIC's ability to understand the charge(s),
surrounding facts, or rights available to the AIC.
(5) AICs shall be allowed to submit evidence,
except when the Hearings Officer or adjudicator finds that to have the evidence
present would constitute an immediate threat to a facility or not assist in the
resolution of the hearing, as provided in OAR
291-105-0028 or OAR
291-105-0046.
Statutory/Other Authority: ORS
179.040,
421.068,
421.180,
423.020,
423.030 &
423.075
Statutes/Other Implemented: 421.180, 423.020, 423.030,
423.075, ORS 179.040 &
421.068
