Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Public Access Coverage Defined. As used in this rule:
(a) "Public access coverage" means coverage
by means of any public access coverage equipment.
(b) "Public access coverage equipment" means
any of the following in the possession of persons other than the PSRB or the
PSRB staff: television equipment; still photographer equipment; audio, video,
or other electronic recording equipment.
(2) Notification to Record Hearings. The news
media must notify the PSRB of their request to record video, still photography,
or audio of a PSRB proceeding by submitting a request for media or other public
access coverage of PSRB at least one business day (24 hours) prior to the
scheduled hearing day. Notice of media or public access coverage requests given
to the PSRB less than twenty-four (24) hours prior to a scheduled hearing will
be taken under advisement by the Board and may result in coverage access being
denied directly in the hearings room. PSRB rules require that an original be
filed with the PSRB. Submissions will be emailed to PSRB at:
psrb@oregon.gov.
(3) Equipment and
Operators
(a) Only one television camera
and/or one still camera each with a single camera operator will be permitted in
the PSRB proceeding. Cameras and operators must be in designated locations.
Interviews may only be conducted in the area designated by the Board, or Health
Systems, if hearings are conducted at OSH.
(b) It is up to the PSRB Board Chair, or
Acting Chair, typically through its staff, to decide where cameras and
microphones may be placed in the hearings room. Each hearings room is different
and PSRB Board members may differ on this so operators must ask for assistance
to determine camera placement on the day of the hearing.
(c) Equipment and camera operators must be in
place prior to the PSRB hearing. Equipment must not be installed, moved or
removed from the hearings room while the PSRB hearing is in session. Camera
operators may not move around the hearings room while hearings are in
session.
(d) News media must
arrange any pooling of footage, photographs or audio among themselves.
Typically, the first camera to arrive at the hearings room will be allowed to
set up in the hearings room. The PSRB will not participate in any pooling
agreement. The PSRB will not mediate in the event of disagreements about
pooling arrangements. Disagreements about pooling arrangements will not result
in additional media equipment being allowed into the hearings room and they
will not cause a delay in the hearing start time. In the absence of agreement
on pooling issues by persons seeking public access coverage, the PSRB Chair or
Acting Chair may exclude any or all public access coverage.
(e) No public access coverage device will be
operated by more than one person.
(f) No person will use public access coverage
equipment that interferes or distracts from proceedings in the hearings
room.
(g) The video camera must be
mounted on a tripod or other device or installed in the hearings room. The
tripod or other device must not be moved while the proceedings are in session.
Video equipment must be screened where practicable or located and operated as
directed by the Board Chair.
(h) No
artificial lighting devices of any kind will be allowed.
(4) Limitations on Access: Media will not
record:
(a) Any notes or conversations
intended to be private including, but not limited to counsel, victims, Board
members and members of the public attending hearings.
(b) Portions of the hearing that would
interfere with the rights of the parties to a fair hearing or would affect the
presentation of evidence or outcome of the hearing. This may include if public
access coverage affects the PSRB patient's ability to effectively participate
in his/her hearing.
(c) Any portion
of the hearing that would interfere with a victim's entitlement to due dignity
and respect. This may include prohibiting the recording of a victim impact
statement or other portions of the hearing that include graphic depictions of
the instant offense.
(d) If any
cost or increased burden resulting from the public access coverage would
interfere with the efficient administration of justice.
(5) Recording equipment may not be used in
the visitor area.
(6) A Board Chair
may summarily prohibit public access coverage of particular hearing attendees
or witnesses, if the attendee or witness so requests.
(7) Violations. Any violation of this rule
may result in sanctions including but not limited to the termination of media
coverage privileges.
Statutory/Other Authority: ORS
161.387
Statutes/Other Implemented: ORS
161.295 -
161.400