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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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PSYCHIATRIC SECURITY REVIEW BOARD 

 

DIVISION 40

ADULT PSYCHIATRIC SECURITY REVIEW BOARD
HEARINGS AND MEETINGS

859-040-0005

Scheduling

The Board shall meet at least twice every month unless the chairperson determines that there is not sufficient business before the Board to warrant a meeting at the scheduled time:

(1) The Board shall hold administrative meetings to consider matters relating to Board policy and administration.

(2) The agenda for administrative meetings shall be developed by the executive director and the chairperson prior to the meeting. Public notice shall be given in accordance with the Public Meetings Law.

(3) The Board shall hold administrative hearings to expedite such matters as approving modifications of conditional release orders, reviewing plans for conditional release and approving or disapproving them.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.385 & ORS 161.387
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

859-040-0010

Quorum and Decisions

The presence of at least three members of the Board constitutes a quorum:

(1) Three concurring votes (affirmative or negative) are required to make a Board decision.

(2) When three members cannot agree on the decision, the hearing may be continued for no longer than 60 days and the tape of the hearing and the exhibits shall be reviewed by the remaining member(s) and a decision by the majority of the members shall be the finding and order of the Board.

(3) If the attorney for the person objects to the remaining member's or members' review as set forth in section (2) of this rule, the Board may reschedule the matter for a hearing before the entire Board.

(4) If an objection for good cause is made to a specific member of the Board sitting on the panel considering a specific case, that member shall withdraw and, if necessary, the hearing shall be postponed and rescheduled.

(5) If an objection for good cause is made to a specific staff member of the Board being present during the panel’s deliberations in a specific case, and if the Board determines that good cause exists, that staff member shall not be present during deliberations in that case.

Stat. Auth.: ORS 161.387
Stats. Implemented: ORS 161.385
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95; PSRB 1-2008(Temp), f. & cert. ef. 12-17-08 thru 6-2-09; PSRB 1-2009, f. & cert. ef. 5-5-09

859-040-0015

Public Meetings Law

All meetings of the PSRB are open to the public in accordance with the Public Meetings Law; the deliberations of the Board are not open to the public. For the purposes of this rule, the term “public” does not include employees of the PSRB.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.387
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-2008(Temp), f. & cert. ef. 12-17-08 thru 6-2-09; PSRB 1-2009, f. & cert. ef. 5-5-09

859-040-0020

Records

(1) A record shall be kept of Board action taken at an administrative meeting and any decision made at an administrative hearing of the Board.

(2) All Board hearings, except Board deliberations, shall be recorded by manual or electronic means which can be transcribed. No other record of Board hearings shall be made. All documents considered at hearings shall be included as exhibits and kept as part of the record:

(a) Audio tapes capable of being transcribed shall be kept by the Board for a minimum period of two years from the hearing date;

(b) The Board hearings shall be transcribed from the recording for appeal purposes. Once transcribed, the transcript may be substituted for the original record;

(c) Any material to which an objection is sustained shall be removed from the record; the objection and ruling of the Board shall be noted on the record;

(d) The audio tape or transcript of the proceedings shall be made available at cost to a party to the proceedings upon request.

Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.345 & ORS 161.346
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

859-040-0025

Public Records Law; Confidentiality

The attorneys for the parties shall have the right to review any records to be considered at the hearing. Statutory requirements shall be observed with respect to the other requests to inspect patient records:

(1) Other requests shall be reviewed to determine whether the record is exempt under the following provisions:

(a) Communications within a public body or between public bodies of an advisory nature to the extent that they cover other than purely factual material and are preliminary to any final agency determination of policy or action;

(b) Information of a personal nature such as that kept in personal, medical or similar file, if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance.

(2) Medical record falling within ORS 192.525 shall be withheld from public inspection if the Board determines that the disclosure would interfere with the rehabilitation of the person and if the public interest in confidentiality clearly outweighs the public interest in disclosure.

(3) Public records, Board orders and information within the Public Records Law shall be made available upon request. All requests shall be made in writing and final determination on disclosure shall be made by the Board. A reasonable charge may be made for copying of material. Appeals of determinations on disclosure shall be made by petition to the Attorney General in accordance with statutory requirements.

Stat. Auth.: ORS 161.385, ORS 161.387, ORS 192.450, ORS 192.500, ORS 192.525 & ORS 192.690
Stats. Implemented: ORS 161.336
Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95

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