Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS
Section 291-105-0085 - Administrative Review

(1) An AIC may direct concerns or issues regarding a hearing to the functional unit manager or designee as soon as possible after the conclusion of the hearing. Upon receipt of the Preliminary Order, the functional unit manager or designee will: approve the order, amend the order, dismiss the order, or reopen to consider new evidence not submitted in the original hearing.

(2) Disciplinary actions subject to review by the Inspector General or designee are:

(3) Petitions for administrative review must be filed by the AIC and received by the Inspector General within 60 calendar days after the Preliminary Order becomes the Final Order under OAR 291-105-0031. Filing a petition for administrative review shall not stay the imposition of a sanction.

(4) An AIC shall request an administrative review by completing the Department approved Petition for Administrative Review form and submitting it to the Inspector General. Petition for Administrative Review forms shall minimally state the following:

(5) Upon receipt of the Petition for Administrative Review, the Inspector General or designee shall review the case to determine:

(6) If the Inspector General or designee determines there was substantial compliance with OAR 291-105, the finding was based on a preponderance of evidence, and the sanction(s) imposed were in accordance with the provisions set forth in OAR 291-105, the AIC will be informed. The Inspector General or designee may order the case reopened to address technical and clerical errors that do not substantially prejudice the AIC.

(7) If the Inspector General or designee determines there was not substantial compliance with OAR 291-105, the finding was not based on a preponderance of the evidence, or the sanction(s) imposed were not in accordance with provisions set forth in OAR 291-105, the case shall be reopened to address non-compliance. The order may be dismissed or vacated, in whole or in part, by the Inspector General or designee.

(8) Upon receipt of the order to reopen a case, the Hearings Officer shall reopen and complete the case and notify the Inspector General or designee of completion within 10 business days. If completing the case takes longer than 10 business days, the reason for delay shall be made part of the record.

(9) Upon completing the case, the Hearings Officer shall prepare and issue an updated Preliminary Order containing the Hearings Officer's Findings of Fact and Conclusions of law per OAR 291-105-0031.

(10) The Inspector General or designee shall provide the AIC with a written response to the Petition for Administrative Review within 60 days from the date it is received. Documentation submitted to the Inspector General shall not be returned to the AIC. Requests for updates during the 60-day period will not receive a response.

(11) Petitions that are outside the criteria listed in OAR 291-105-0085 shall be returned.

(12) Cases that are not eligible for review by the Inspector General or designee are subject to review by the functional unit manager or designee, if requested by the AIC. If the functional unit manager or designee determines the case was not incompliance with OAR 291-105, the Inspector General or designee will be contacted to request the case be reopened.