Oregon Administrative Rules
Chapter 291 - DEPARTMENT OF CORRECTIONS
Division 66 - LEAVE REVOCATION HEARINGS
Section 291-066-0180 - Representation/Ability to Pay Attorney Fees

Universal Citation: OR Admin Rules 291-066-0180

Current through Register Vol. 63, No. 9, September 1, 2024

(1) In a revocation hearing, the Hearings Officer may authorize the appointment of an attorney to assist an AIC in their defense if the Department determines that it is legally required to do so.

(2) In determining whether to appoint an attorney, the Hearings Officer shall consider whether the AIC appears to be capable to speak effectively.

(3) If the Hearings Officer determines that the AIC is indigent and unable to pay for an attorney, the Hearings Officer may appoint an attorney at the Department's expense. If the Hearings Officer approves payment for an attorney at the Department's expense, the payment shall not exceed $100 per hour or $500 per case. The attorney shall send the Hearings Officer a billing within 90 calendar days of the revocation hearing.

(4) When the Hearings Officer denies an AIC's request for an attorney appointed at the Department's expense, the reason(s) for the denial shall be made part of the record.

Statutory/Other Authority: ORS 179.040, 423.030, 423.040, 423.075, 421.168 & 421.500 to 421.512

Statutes/Other Implemented: ORS 179.040, 423.030, 423.040, 423.075, 421.168 & 421.500 to 421.512

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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