Oregon Administrative Rules
Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD
Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES
Section 859-050-0005 - Notice
Universal Citation: OR Admin Rules 859-050-0005
Current through Register Vol. 63, No. 3, March 1, 2024
Written notice of hearings will be given to those indicated in ORS 161.346(5) and 161.326.
(1) Those given notice under ORS 161.346(5) and 161.326 include the:
(a) Person about whom the hearing is
being conducted;
(b) Attorney
representing the person under PSRB jurisdiction;
(c) District attorney;
(d) Community supervisor or case
monitor;
(e) Court or department of
the county from which the person was committed;
(f) The victim, if the court or Board finds
the victim requests notification;
(g) Any other interested person requesting
notification;
(h) Forensic unit of
Oregon State Hospital;
(2) The written notice of hearings will contain the information specified in ORS 161.346, as follows:
(a) The time, place, and location
of the hearing;
(b) The nature of
the hearing and the specific action for which a hearing has been requested, the
issues to be considered at the hearing and a reference to the particular
sections of the statutes and rules involved;
(c) A statement of the legal authority and
jurisdiction under which the hearing is to be held; and
(d) A statement outlining the following
additional rights:
(A) To appear at all
proceedings held pursuant to this section, except for deliberations;
(B) To cross-examine all witnesses appearing
to testify at the hearing;
(C) To
subpoena witnesses and documents as provided in ORS
161.395;
(D) To be represented by suitable legal
counsel possessing skills and experience commensurate with the nature and
complexity of the case, to consult with counsel prior to the hearing and, if
financially eligible, to have suitable counsel appointed at state expense;
and
(E) To examine all information,
documents and reports that the agency considers. If available to the agency at
that time, the information, documents and reports will be disclosed to the
person so as to allow examination prior to the hearing.
(3) In order to reduce the waste associated with unnecessary paper use, the Board will deliver its hearings notices electronically. Those with a need for hard copies may request them from Board staff.
Statutory/Other Authority: ORS 161.387
Statutes/Other Implemented: ORS 161.346, ORS 161.326 & ORS 161.336
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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