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Oregon Bulletin

January 1, 2011

 

Board of Parole and Post-Prison Supervision
Chapter 255

Rule Caption: Amends definitions to update language.

Adm. Order No.: PAR 10-2010

Filed with Sec. of State: 12-1-2010

Certified to be Effective: 12-1-10

Notice Publication Date: 11-1-2010

Rules Amended: 255-005-0005

Rules Repealed: 255-005-0005(T)

Subject: Amends definition of a victim to new definition adopted by the Board.

Rules Coordinator: Michelle Mooney—(503) 945-0914

255-005-0005

Definitions

(1) “Abscond”: Unauthorized absence from parole or post-prison supervision.

(2) “Active Community Supervision”: A period of supervision in the community, requiring the supervising officer’s regular contact and monitoring to assure that the supervisee complies with the conditions of parole or post-prison supervision, has committed no new crimes and has paid restitution, attorney fees, and compensatory fines, if required.

(3) “Active Supervision”: Supervision requiring the supervising officer’s regular contact and monitoring to assure continued compliance with the general and special conditions of parole or post-prison supervision. “Active Supervision” shall not include:

(a) The period of confinement in a local, state, or federal correctional facility while serving on parole or post-prison supervision;

(b) The period of time between the suspension of parole or post-prison supervision and the date parole or post-prison supervision is continued;

(c) Inactive parole or inactive post-prison supervision;

(d) Involuntary commitment to a state or federal psychiatric facility.

(4) “Administrative Sanction”: Local, structured, or intermediate sanctions as those terms used in OAR 291-058-0010 etal, and may include periods of local confinement in jails, restitution centers, treatment facilities, or similar facilities.

(5) “Aggravation”: The factors or elements surrounding the crime which appear to increase the seriousness of the criminal episode or reflect on the character of the offender pursuant to Exhibit E-1 and E-3.

(6) “BAF”: A Board order after a decision called a “Board Action Form”.

(7) “Base Range”: The range for each crime category reflected in Exhibit C under the “excellent” column.

(8) “Board”: Board of Parole and Post-Prison Supervision.

(9) “Board Review Packet”: The information the Board shall consider at the inmate’s hearing. Each of the Divisions which establishes a hearing shall list the contents of the packet.

(10) “Compensatory Fines”: A court-imposed penalty for the commission of a crime resulting in injury for which the person injured has a remedy by civil action (unless the issue of punitive damages has been previously decided on a civil case arising out of the same act and transaction). The court may award compensatory fines in addition to restitution.

(11) “Correctional Facility”: Any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order. Correctional Facility includes a juvenile facility, if the juvenile is confined for a felony charge or conviction, and applies to a state hospital only as to persons detained therein after acquittal of a crime by reason of mental disease or defect or after a finding of guilty except for insanity.

(12) “Crime Severity Rating”: A classification for crimes committed prior to November 1, 1989, from a low of one (1) to a high of seven (7) assigned to each crime, based on the seriousness of the crime pursuant to Exhibits A-l, A-ll, and A-lll.

(13) “Crime Spree”: A set of criminal activities congruent in time or actually overlapping that are so joined by place and circumstances as to be the product of a continuous disposition or intent.

(14) “Date of Return”: The date another in-state or out-of-state jurisdiction physically returns the inmate to the Department of Corrections’ custody following a hold.

(15) “De Novo Hearing”: A new initial prison term hearing, required when a court orders additional consecutive sentences for crimes which occurred prior to the first prison term hearing.

(16) “Escape”:

(a) The unlawful or unauthorized departure from custody, a correctional facility or any form of temporary release or transitional leave;

(b) Includes the unauthorized departure or absence from this state or failure to return to this state by a person who is under the jurisdiction of the Psychiatric Security Review Board;

(c) Does not include failure to comply with provisions of a conditional or security release as in ORS 135.245.

(17) “Future Disposition Hearing”: A hearing the Board may set at its discretion for purposes of deciding whether to deny or grant re-release for a violation of parole or post-prison supervision when authorized by law.

(18) “Gang Member”: A person who associates with a group which identifies itself through the use of a name, unique appearance, language (including hand signs), the claiming of geographical territory, or the espousing of a distinctive belief system and one of the purposes of the group is criminal activity.

(19) “Gang-Related Activity”: Crime committed by a gang member:

(a) With other known gang members;

(b) Against other known gang members; or

(c) Against a person who is not a gang member; in order to further the purposes of the gang or impress other gang members.

(20) “History/Risk Score”: A rating from a high of eleven (11) to a low of zero (0) points, reflecting the prisoner’s prior record and other factors which predict the likelihood of success on parole pursuant to Exhibit B, Part l and Part ll.

(21) “Inactive Parole and “Inactive Post-Prison Supervision”: The offender remains under supervision however;

(a) There is no direct supervision by a supervising officer and no requirement of regular reporting;

(b) There are no additional supervision fees; and

(c) The offender remains subject to arrest by a supervising officer for violation of conditions of supervision and return to active supervision at any time until expiration of the sentence or post-prison supervision term as outlined in Division 94; and

(d) (b) and (c) do not apply to those offenders being supervised in another state via Interstate Compact. Those offenders remain on active parole or post-prison supervision.

(22) “In Camera Hearing”: The inspection of a document by the Hearings Officer in private before the document may be introduced as evidence.

(23) “Initial Parole Release Date”: The date, by month, day and year, assigned to a prisoner for parole release based on the prisoner’s matrix range, aggravation, mitigation, and judicially imposed minimum sentence(s).

(24) “Inmate”: Any person under the supervision of the Department of Corrections or a local supervisory authority who is not on parole, post-prison supervision or probation status (also referred to as prisoner).

(25) “Inoperative Time”: Time spent on abscond, escape, or unauthorized departure from custody, leave, parole or post-prison supervision, which does not count toward service of the sentence.

(26) “Intensive Supervision”: means enhanced level of supervision exceeding a county’s high risk level supervision standards. Intensive supervision may include, but not be limited to, electronic monitoring, house arrest, curfew, day reporting, supervised housing, multiple supervising officers, adjunct surveillance by law enforcement or other specialists, increased face-to-face offender contacts in the community, increased collateral contacts (such as with family, therapist and employer), community notification, geographic restrictions, offender mileage logs, medication monitoring (such as depo provera, psychotropics, antabuse), intensive outpatient or residential treatment programming, urinalysis, and polygraph.

(27) “Less Than the Sum of the Terms”: An action by the Board whereby one or more of the consecutive ranges are treated as if they are concurrent.

(28) “Mail Date” or “Mailed on Date”: Is the date from which the Board calculates the timelines of receipt of Administrative Review Requests and other time sensitive responses. The date is computer generated and scheduled to insure actual mailing occurred on or before the listed date.

(29) “Matrix Ranges”: Ranges of months within which the Board has the discretion to set a prison term. The ranges are based on crime severity ratings and history/risk scores.

(30) “The Matrix”: A table which displays the matrix ranges by showing the intersection of the crime severity rating and the history/risk score pursuant to Exhibit C.

(31) “Mitigation”: The factors or elements surrounding the crime which appear to decrease the seriousness of the criminal episode or reflect on the character of the prisoner pursuant to Exhibit E-2 and E-3.

(32) “Offender”: Any person under the supervision of the Department of Corrections or a local supervisory authority who is not presently in the custody of a correctional facility, including persons on probation, parole or post-prison supervision.

(33) “Parole”: Applies to offenders whose crime(s) were committed before November 1, 1989. A Board authorized conditional release from a state correctional facility into the community or to a detainer.

(34) “Particularly Violent or Otherwise Dangerous Criminal Conduct”: Conduct which is not merely unpleasant or offensive, but which is indifferent to the value of human safety or property.

(35) “Parole Board Record”: The file the Board maintains for each inmate/offender containing the information listed in ORS 144.185.

(36) “Period Under Review”: Under Division 40, the time already served on the prison term, normally the three (3) or (5) year period prior to the personal review hearing.

(37) “Post-Prison Supervision”: Applies to crimes committed on or after November 1, 1989. A term, as set by statute or the court under the supervision of the Department of Corrections or a correctional agency designated by the Department or a local supervisory authority.

(38) “Principal Range”: The range of months for the crime holding the highest crime severity rating. When the ranges are the same, the Board shall designate one range as the principal range.

(39) “Preponderance”: Evidence which is of greater weight or more convincing than the evidence offered in opposition to it.

(40) “Probable Cause”: A substantial objective basis for believing that more likely than not an offense or violation has been committed and the person to be arrested has committed it.

(41) “Prison Term”: The Board established time the inmate must serve before the initial parole release date, in accordance with applicable laws and the Board’s Administrative Rules.

(42) “Prison Term Hearing”: The hearing at which the Board establishes an inmate’s prison term and initial parole release date.

(43) “Revocation”: An action by a Sanction Authority to terminate an offender’s parole or post-prison supervision. Sanction Authority may resume an offender’s parole or post-prison supervision following the act of revocation.

(44) “Revocation Hearing”: A hearing to determine whether a violation of conditions of parole or post-prison supervision occurred and whether the Hearings Officer should recommend that the parolee or offender return to custody or continue on parole or post-prison supervision with additional conditions. (Commonly known as a Morrissey Hearing)

(45) “Sanction Authority”: Means the Board for felony offenders sentenced by the court for crimes occurring before November 1, 1989, or sentenced to more than 12 months in the custody of the Department of Corrections or sentenced to 12 months or less and have additional sentences of greater than 12 months; and the Local Supervisory Authority for felony offenders sentenced by the court to 12 months or less.

(46) “Sexually Violent Dangerous Offender”: means an inmate/offender who has psychopathic personality features, sexually deviant arousal patterns or interests and a history of sexual assault, and who the Board or Local Supervisory Authority finds presents a substantial probability of committing an offense listed in OAR 255-060-0008(6). “History of sexual assault” means that an inmate/offender has engaged in unlawful sexual conduct that is not revealed to the crime for which the inmate/offender is currently on parole or post-prison supervision and seriously endangered the life or safety of another person or involved a victim under twelve (12) years of age.

(47) “Serious Physical Injury”: Any physical injury which creates a substantial risk of death, or which causes serious and protracted disfigurement, or impairment of health or protracted loss or impairment of the function of any bodily organ.

(48) “Stranger”: A person who is either unknown to a victim or with whom the victim has a superficial acquaintance or acquaintance of short duration or infrequent contact.

(49) “Subcategory”: The criteria for rating criminal conduct within the crime categories based on the seriousness of the offense (Exhibit A).

(50) “Subordinate Range”: Any range less than or equal to the principal range.

(51) “Subpoena Duces Tecum”: A subpoena requiring the party to appear at a hearing with a document or piece of evidence to be examined at the hearing.

(52) “Summing the Ranges”: Adding ranges of consecutive sentences to produce a unified range pursuant to OAR 255-035-0021.

(53) “Supervising Officer”: Parole and post-prison supervision officer.

(54) “Supervisory Authority”: The state or local corrections agency or official designated in each county by that county’s Board of County Commissioners or County Court to operate correction supervision services, custodial facilities, or both (per ORS 144.087(1)).

(55) “Unauthorized Absence”: Time spent outside a state correctional facility without Department of Corrections’ or local supervisory authority’s authorization, whether it is an escape or an unauthorized departure.

(56) “Unified Range”: The total range computed under OAR 255-035-0021 for consecutive sentences.

(57) “Unsum the Ranges”: To establish a matrix range at less than the unified range. The effect of unsumming is treatment of one or more ranges as if concurrent.

(58) “Variations”: The time periods which the Board may use to set a prison term above or below the matrix range pursuant to Exhibit D.

(59) “Victim”: Any person determined by the prosecuting attorney, the court or the Board to have suffered direct financial, psychological, or physical harm as a result of a crime that is the subject of a proceeding conducted by the State Board of Parole and Post Prison Supervision.

[ED. NOTE: Exhibits referenced are available from the Board.]

Stat. Auth.: ORS 144.050 & 144.140

Stats. Implemented:

Hist.: 2PB 2-1986(Temp), f. & ef. 11-13-86; 2PB 3-1986(Temp), f. & ef. 12-2-86; PAR 6-1988, f. & ef. 5-19-88; PAR 7-1988, f. & ef. 7-1-88; PAR 8-1988, f. & ef. 7-1-88; PAR 9-1988(Temp), f. & ef. 7-14-88; PAR 12-1988(Temp), f. & ef. 7-20-88; PAR 13-1988(Temp), f. & ef. 8-5-88; PAR 14-1988(Temp), f. & ef. 9-20-88; PAR 18-1988, f. & ef. 12-6-88; PAR 4-1989, f. & ef. 11-1-89; PAR 5-1990, f. & cert. ef. 10-5-90; PAR 5-1991, f. & cert. ef. 10-15-91; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 1-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 11-1997(Temp), f. & cert. ef. 11-14-97; PAR 1-1998, f. & cert. ef. 5-1-98; PAR 4-2000, f. & cert. ef. 2-15-00; PAR 1-2005, f. & cert. ef. 4-25-05; PAR 4-2010(Temp), f. 7-2-10, cert. ef. 7-6-10 thru 1-1-11; PAR 10-2010, f. & cert. ef. 12-1-10

 

Rule Caption: Amends division 15 to update the fee schedule for obtaining documents from the Board.

Adm. Order No.: PAR 11-2010

Filed with Sec. of State: 12-1-2010

Certified to be Effective: 12-1-10

Notice Publication Date: 11-1-2010

Rules Amended: 255-015-0015

Subject: Division 15 establishes the procedures and costs for requesting documents from the Board. These rules are being amended to update the fee schedule.

Rules Coordinator: Michelle Mooney—(503) 945-0914

255-015-0015

Fees for Board Records

(1) The fees for documents shall be as follows:

(a) A fee of twenty cents per page will be applied.

(b) The fee for the duplication of oral records shall be $8.00 per CD.

(c) Actual postage cost of method preferred by requestor will be applied.

(2) The Board will charge, in fifteen-minute increments, the actual hourly rate of the Board member or staff person(s) responding to the public records request.

(3) Actual costs may also include the cost of attorney time for reviewing and segregating records at the Board’s request.

(4) The Board chairperson, or designee, may, for good cause, waive or reduce all computed costs including staff time for review, reproduction, materials, and mailing costs.

(5) Prior to reproduction of material, the Board shall receive payment, unless the chairperson, or designee, decides that the Board can bill the person or agency.

(6) The Board shall deposit payments in the Miscellaneous Receipts account in accordance with Business Office instructions.

Stat. Auth.: ORS 183.335, 192.410 - 192.505, 144.025(3) & 144.050

Stats. Implemented: ORS 144.120(7), 144.130, 144.185 & 192.410 - 192.505

Hist.: 1PB 4-1985, f. & ef. 5-31-85; 2PB 4-1986(Temp), f. & ef. 12-2-86; PAR 3-1987, f. & ef. 4-28-87; PAR 6-1988, f. & ef. 5-19-88; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 4-1998(Temp), f. & cert. ef. 10-14-98 thru 4-11-99; PAR 1-1999, f. & cert. ef. 1-15-99; PAR 11-2010, f. & cert. ef. 12-1-10

 

Rule Caption: Amends rule that outlines Board practice for statements made at hearings.

Adm. Order No.: PAR 12-2010

Filed with Sec. of State: 12-1-2010

Certified to be Effective: 12-1-10

Notice Publication Date: 11-1-2010

Rules Amended: 255-030-0027

Rules Repealed: 255-030-0027(T)

Subject: Amends rules governing statements made by victims, District Attorney, and inmates at hearings to match current Board practice. Changes the time limit of statements from three minutes to fifteen minutes.

Rules Coordinator: Michelle Mooney—(503) 945-0914

255-030-0027

Victim, District Attorney and Inmate Statements

(1) During the hearing, the victim(s), personally, by counsel, or by representative, and the District Attorney from the committing jurisdiction may make statements not to exceed 15 minutes. The presiding Board member may grant the witness additional time upon a finding that further testimony is likely to be relevant to the Board’s decision. The presiding Board member may exclude or limit irrelevant, immaterial, or unduly repetitious testimony and evidence.

(2) Following the victim(s) and the District Attorney statements, one person selected by the inmate may make a statement not to exceed 15 minutes. The presiding Board member may grant the witness additional time upon a finding that further testimony is likely to be relevant to the Board’s decision. The presiding Board member may exclude or limit irrelevant, immaterial, or unduly repetitious testimony and evidence.

Stat. Auth.: ORS 144.120(7)

Stats. Implemented: ORS 144.120(7)

Hist.: 2PB 4-1986(Temp), f. & ef. 12-2-86; PAR 3-1987, f. & ef. 4-28-87; PAR 6-1988, f. & ef. 5-19-88; PAR 1-1992, f. & cert. ef. 1-13-92; PAR 3-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 6-2000, f. & cert. ef. 6-9-00; PAR 5-2010(Temp), f. 7-2-10, cert. ef. 7-6-10 thru 1-1-11; PAR 12-2010, f. & cert. ef. 12-1-10

 

Rule Caption: Amends division 80 to clarify timeliness rules and add administrative review request preparation requirements.

Adm. Order No.: PAR 13-2010

Filed with Sec. of State: 12-1-2010

Certified to be Effective: 12-1-10

Notice Publication Date: 11-1-2010

Rules Adopted: 255-080-0008

Rules Amended: 255-080-0001, 255-080-0005, 255-080-0011

Subject: ORS 144.335 specifies the requirements that must be complied with before a person under the jurisdiction of the Board of Parole and Post-Prison Supervision may seek judicial review of a final order of the Boar,d including that the person must exhaust administrative review as provided by Board rule. Division 80 identifies the process for requesting administrative review from the Board. The rules are being amended and a new section is added to: (1) clarify how timeliness is determined; and (2) specify the requirements for the appearance and content of an administrative review request.

Rules Coordinator: Michelle Mooney—(503) 945-0914

255-080-0001

Exhaustion of Remedies

(1) A Board order is final and effective the date it is signed, however it is not final for purposes of the time period within which to appeal to the Court of Appeals until the inmate/offender exhausts his or her administrative review remedies.

(2) An inmate/offender has exhausted his or her administrative remedies after complying with OAR 255-080-0005, and after the Board denies review, or grants review and either denies or grants relief. The Board shall notify the inmate/offender that exhaustion has occurred and the time for judicial appeal of appealable orders shall run from the mailing date of the notice.

Stat. Auth.: ORS 144.335

Stats. Implemented: ORS 144.335

Hist.: PAR 2-1991, f. & cert. ef. 2-20-91; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 7-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 13-2010, f. & cert. ef. 12-1-10

255-080-0005

Procedure for Administrative Review

(1) An offender may obtain administrative review of a final Board action by sending a request for review to the Board within forty-five (45) days after the mailing date on the Board’s final action on the issue to be reviewed.

(2) The Board will reject an untimely request for administrative review. Timeliness will be determined as follows for all Board actions except Orders of Supervision:

(a) The request is physically received by the Board on or before the 45th day after the mailing date on the Board’s final action on the reviewed issue; or

(b) The request is delivered to the Board:

(A) by mail in an envelope bearing a United States Postal Service (USPS) cancellation stamp, a USPS postage meter electronic imprint, sticker, or stamp, a postage meter sticker or stamp from a “postage evidencing system” that is regulated and approved for use by the United States Postal Service pursuant to 39 CFRs. 501, et seq., that is dated on or before the 45th day after the mailing date on the Board’s final action: a postage evidencing system refers to postage by any method other than postage stamps and includes (but is not limited to) postage meters; or

(B) by a parcel delivery service such as, or comparable to, United Parcel Service, Federal Express, or Airborne Express, that indicates the date on which the parcel delivery service received material for delivery to the Board, which date is on or before the 45th day after the mailing date on the Board’s final action.

(C) If the Board finds that the administrative review request was not: (a) placed in the mail on the date indicated on the postage meter sticker or stamp or (b) delivered to the parcel delivery service on the date indicated on the parcel delivery service receipt, the delivery rules in OAR 255-080-005(2)(b)(i) and (ii) shall not apply.

(c) In the case of an inmate, if there is no legible USPS cancellation stamp or other postal mailing verification as defined in paragraph (2)(b) above, the request will be treated as timely if the inmate signed and dated the request and placed it in the institutional mailing system, following all applicable Department of Corrections rules, on or before the 45th day after the mailing date on the Board’s final action.

(3)(a) For Orders of Supervision (including Orders to Continue/Amend Supervision), an offender must request administrative review within forty-five (45) days after the date he or she received the order. The Board will reject a request for administrative review of an Order of Supervision as untimely unless:

(A) The request is physically received by the Board on or before the 45th day after the date the offender received the order as determined by offender’s signature on the order or other proof as stated in paragraph (3)(b); or

(B) The request is delivered to the Board by mail in an envelope bearing a United States Postal Service (USPS) cancellation stamp or other postal mailing verification as defined in paragraph (2)(b) above, dated on or before the 45th day after the date the offender received the order as determined by offender’s signature on the order or other proof as stated in paragraph (3)(b).

(b) The offender’s date of receipt may be established by:

(A) The date the order was signed by the offender, or

(B) If the offender did not sign the order, the Board will accept an electronic chronological entry or a note made by an employee of the Department of Corrections or of the supervisory authority as evidence of the date the offender received the Order of Supervision.

(4) If the Board or its designee finds that the request is timely, and that it is consistent with the criteria as defined in rules 255-080-0010 and 255-080-0011, and meets the deadline requirements, the Board will respond to the request using the procedures outlined in OAR 255-080-0012.

(5) When the Board or its designee grants review, the Board shall send the offender a written response.

(a) If relief is denied, the response will explain the reasons for the decision. When relief is denied, the prior decision stands.

(b) If relief is granted, the response will either implement the relief, or specify the Board action to be taken implementing relief.

(6) When the Board or its designee denies review, the Board shall send the offender written notice of the specific reasons for denial.

(a) When review is denied, the prior decision stands.

[ED. NOTE: Exhibits referenced are available from the agency.]

Stat. Auth.: ORS 144.335

Stats. Implemented: ORS 144.335

Hist.: 2PB 1979, f. & ef. 2-1-79; 2PB 11-1981(Temp), f. & ef. 11-25-81; 2PB 1-1982, f. & ef. 5-19-82; 2PB 17-1985, f. & ef. 5-31-85; PAR 6-1988, f. & ef. 5-19-88; PAR 8-1988, f. & ef. 7-1-88; PAR 18-1988, f. & ef. 12-6-88; PAR 4-1989, f. & ef. 11-1-89; PAR 1-1991, f. & cert. ef. 1-16-91; PAR 2-1991, f. & cert. ef. 2-20-91; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 7-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 7-2000, f. & cert. ef. 6-9-00; PAR 8-2004, f. & cert. ef. 6-14-04; PAR 9-2004(Temp), f. & cert. ef. 9-3-04 thru 3-1-05; PAR 12-2004, f. & cert. ef. 11-2-04; PAR 13-2010, f. & cert. ef. 12-1-10

255-080-0008

Specifications for Administrative Review Request

(1) The request for administrative review shall be substantially in the same format as in Exhibit O, Administrative Review Request Form, and shall contain:

(a) The name and SID # of the person requesting review.

(b) The heading “Request for Administrative Review”

(c) Identification of the Board action or order for which review is requested, by name of action (i.e., BAF #3, Order of Supervision, etc.) and date of action.

(d) A plain and concise statement of the points for which the offender wants review, specifically identifying how the challenged Board action is alleged to be in violation of statutes or Board rules, or how it is alleged that the decision was not supported by evidence in the record, or in what other way the offender believes the Board’s action to be in error. A request for administrative review must concisely explain how the case fits the criteria for review listed in OAR 255-080-0010.

(e) The request must state, where applicable, what statute, administrative rule, or constitutional provision is alleged to have been violated, including the effective date of the law or rule.

(2) The administrative review request shall be created by any process that makes a clear, legible, black or dark blue image; the Board will not accept text written in pencil, carbon copies, copies on slick paper, or copies darkened by the duplicating process.

(a) All writing shall be legible and capable of being read without difficulty.

(b) The request must be written on standard 8 ½ “ x 11” white or light blue paper.

(c) Each page shall have margins of at least 1” on all sides.

(d) Any attachments to the review request shall be duplicated on standard 8 ½ “ x 11” white paper and must be clear and legible.

(e) Pages shall be consecutively numbered on the right side at either the top or bottom of the page.

(3)(a) The request shall not exceed 8 pages. That limitation does not include additional documentation necessary to support the request. (Under most circumstances, no additional documentation will be necessary.)

(b) Additional documentation in support of the request shall not exceed 10 pages.

(4)(a) An offender may request an exception to the limits in these rules, stating a specific reason for exceeding the prescribed limit(s). The request must reach the Board no fewer than fourteen days before the administrative review request is due. The Board, at its discretion, may permit the filing of a review request, and/or additional documentation that exceeds the page limits prescribed in subsection (2) of this rule. The Board may deny an untimely motion under this paragraph on the ground that the offender failed to make a reasonable effort to file the motion on time.

(b) If the Board grants permission for a longer review request, or additional documentation in support of the request, the documents shall conform to the rules set forth above in section (1).

(c) This rule does not create an exception to the timeliness requirements of OAR 255-080-0005. The offender is responsible for requesting an exception and filing his review request within 45 days as required by OAR 255-080-0005

[ED. NOTE: Exhibits referenced are available from the agency.]

Stat. Auth.: ORS 144.335

Stats. Implemented: ORS 144.335

Hist.: PAR 13-2010, f. & cert. ef. 12-1-10

255-080-0011

Limitations on Requests for Administrative Review

All administrative review requests will be screened by a Board member or a Board designee who may deny further review of the following:

(1) Administrative review requests determined to be untimely pursuant to rule 255-080-0005;

(2) Requests in which the subject matter relates to a hearing or review and/or Board order other than the Board order being appealed;

(3) Board orders that are not final;

(4) Requests that substantially fail to comply with the requirements of OAR 255-080-0008.

Stat. Auth.: ORS 144.335

Stats. Implemented: ORS 144.335

Hist.: PAR 2-1991, f. & cert. ef. 2-20-91; PAR 4-1993, f. & cert. ef. 10-29-93; PAR 7-1997, f. 3-11-97, cert. ef. 3-14-97; PAR 7-2000, f. & cert. ef. 6-9-00; PAR 9-2004(Temp), f. & cert. ef. 9-3-04 thru 3-1-05; PAR 12-2004, f. & cert. ef. 11-2-04; PAR 13-2010, f. & cert. ef. 12-1-10

 

Rule Caption: Amends Exhibit O, which is the form used to submit administrative review requests.

Adm. Order No.: PAR 14-2010

Filed with Sec. of State: 12-1-2010

Certified to be Effective: 12-1-10

Notice Publication Date: 11-1-2010

Rules Amended: 255-080-0008

Subject: ORS 144-335 specifies the requirements that must be complied with before a person under the jurisdiction of the Board of Parole and Post-Prison Supervision may seek judicial review of a final order of the Board, including that the person must exhaust administrative review as provided by Board rule. Division 80 specifies the requirements for the appearance and content of an administrative review request. Exhibit O is being amended to reflect current specifications for review requests and to add information that will assist the person filing the request.

Rules Coordinator: Michelle Mooney—(503) 945-0914

255-080-0008

Specifications for Administrative Review Request

(1) The request for administrative review shall be substantially in the form specified by the Board in Exhibit O, Administrative Review Request Form, and shall contain:

(a) The name and SID # of the person requesting review.

(b) The heading “Request for Administrative Review”

(c) Identification of the Board action or order for which review is requested, by name of action (i.e., BAF #3, Order of Supervision, etc.) and date of action.

(d) A plain and concise statement of the points for which the offender wants review, specifically identifying how the challenged Board action is alleged to be in violation of statutes or Board rules, or how it is alleged that the decision was not supported by evidence in the record, or in what other way the offender believes the Board’s action to be in error. A request for administrative review must concisely explain how the case fits the criteria for review listed in OAR 255-080-0010.

(e) The request must state, where applicable, what statute, administrative rule, or constitutional provision is alleged to have been violated, including the effective date of the law or rule.

(2) The administrative review request shall be created by any process that makes a clear, legible, black or dark blue image; the Board will not accept text written in pencil, carbon copies, copies on slick paper, or copies darkened by the duplicating process.

(a) All writing shall be legible and capable of being read without difficulty.

(b) The request must be written on standard 8 ½ “ x 11” white or light blue paper.

(c) Each page shall have margins of at least 1” on all sides.

(d) Any attachments to the review request shall be duplicated on standard 8 ½ “ x 11” white paper and must be clear and legible.

(e) Pages shall be consecutively numbered on the right side at either the top or bottom of the page.

(3)(a) The request shall not exceed 8 pages. That limitation does not include additional documentation necessary to support the request. (Under most circumstances, no additional documentation will be necessary.)

(b) Additional documentation in support of the request shall not exceed 10 pages.

(4)(a) An offender may request an exception to the limits in these rules, stating a specific reason for exceeding the prescribed limit(s). The request must reach the Board no fewer than fourteen days before the administrative review request is due. The Board, at its discretion, may permit the filing of a review request, and/or additional documentation that exceeds the page limits prescribed in subsection (2) of this rule. The Board may deny an untimely motion under this paragraph on the ground that the offender failed to make a reasonable effort to file the motion on time.

(b) If the Board grants permission for a longer review request, or additional documentation in support of the request, the documents shall conform to the rules set forth above in section (1).

(c) This rule does not create an exception to the timeliness requirements of OAR 255-080-0005. The offender is responsible for requesting an exception and filing his review request within 45 days as required by OAR 255-080-0005

[ED. NOTE: Exhibits referenced are available from the agency.]

Stat. Auth.: ORS 144.335

Stats. Implemented: ORS 144.335

Hist.: PAR 13-2010, f. & cert. ef. 12-1-10; PAR 14-2010, f. & cert. ef. 12-1-10

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

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