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

 

DIVISION 300

GUN RELIEF PROGRAM

859-300-0001

Determination of Sufficient Funding

(1) The Psychiatric Security Review Board has determined that it has received sufficient legislative appropriation or other funding to carry out the provisions of Section One of Oregon Laws 2009, Chapter 826.

(2) The Psychiatric Security Review Board has determined that it has received sufficient legislative appropriation or other funding to carry out the provisions of Section Five of Oregon Laws 2009, Chapter 826.

Stat. Auth.: ORS 161.387(1); OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1); OL 2009, Ch. 826 (HB 2853)
Hist.: PSRB 1-2010(Temp), f. 8-19-10, cert. ef. 8-23-10 thru 2-18-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0010

Rulemaking Procedure; Notice

Prior to the adoption, amendment or repeal of any rule related to the gun relief program, the Psychiatric Security Review Board shall give notice of the intended action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule.

(2) By mailing a copy of the notice to persons on the PSRB's mailing list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule.

(3) By mailing or furnishing a copy of the notice to:

(a) The Associated Press;

(b) Department of Human Services/Oregon Health Authority;

(c) American Civil Liberties Union of Oregon;

(d) Oregon District Attorneys Association;

(e) Oregon Criminal Defense Lawyers Association;

(f) Attorney General, including the Victim Advocate;

(g) Friends of Forensics;

(h) Disability Rights Oregon;

(i) Capitol Press Room;

(j) National Rifle Association, Oregon Consultant;

(k) Oregon Firearms Federation;

(L) Oregon Judicial Department;

(m) Attorneys for Adult and Juvenile Indigent Clients

(n) Oregon State Police;

(o) Oregon Psychiatric Association;

(p) Oregon Psychological Association;

(q) Oregon State Sheriff’s Association;

(r) Oregon Association Chiefs of Police; and

(s) Designated legislators in accordance with ORS 183.335(15)

Stat. Auth.: ORS 161.387(1), 183.335(1), (8), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), 183.335(1), (8), OL 2009, Ch. 826 (HB 2853)
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0020

Cost of Administrative Rules

State employees may receive a printed copy of Oregon Administrative Rules on request at no cost. Any person not employed by the State of Oregon shall pay $0.25 per page for a printed copy of the Gun Relief Program Administrative Rules. Oregon Administrative Rules are available electronically at no charge from the Internet Web site of the Oregon Secretary of State.

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0030

Definitions

(1) "Dangerous”. A person is dangerous if the person is a threat to himself or others or is likely to inflict harm to self or others.

(2) “Gun Relief Panel” or “Panel”. A three member panel from either the Adult or Juvenile Panel who hears and considers petitions for relief from either a federal ban on transporting, shipping, possessing, or receiving a firearm that occurs as a result of a mental health determination, or a state ban on possessing or purchasing a firearm under ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f).

(3) “Mental Health Determination”. Any of the following adjudicated mental health findings by a State of Oregon Court:

(a) A finding by a court that a person lacks fitness to proceed under ORS 161.370;

(b) A finding that a person is guilty except for insanity of a crime under ORS 161.295 or responsible except for insanity of an act under ORS 419C.411 or any determination by the Psychiatric Security Review Board thereafter; or

(c) A commitment by a court to the Oregon Health Authority or Department of Human Services, or an adjudication by a court that a person is mentally ill or mentally retarded, under ORS 426.130 or ORS 427.290.

(4) “NICS”. The National Instant Criminal Background Check System maintained by the Federal Bureau of Investigations (FBI) pursuant to the Brady Handgun Violence Prevention Act of 1993 (Pub. L. 103-159, 107 Stat. 1536).

(5) "PSRB” or “Board". The Oregon Psychiatric Security Review Board, including the members of both the Adult and Juvenile Panels.

(6) “Party”. Includes the Department of Human Services/Oregon Health Authority, petitioner and district attorney from the county where the mental health determination was adjudicated.

(7) "Petitioner". Any person who petitions for relief from either a federal prohibition from transporting, shipping, possessing, or receiving a firearm due to a mental health determination or a state prohibition on purchasing or possessing a firearm under ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f).

(8) “Public Interest”. The interest in protecting society from harm and an individual from self-harm. “Public interest” also includes reducing the impact of crime on victims’ lives. “Public interest” does not include generalized fear of crime and fear of people with mental illness.

(9) "Relief Hearing”. A hearing for petitioners who request relief under Oregon Laws 2009, Chapter 826 from a federal ban on transporting, shipping, possessing, or receiving a firearm that occurs as a result of a mental health determination, or a state ban on possessing or purchasing a firearm under ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f).

(10) “Victim”. The person or persons who have suffered financial, social, psychological or physical harm as a result of a crime and includes, in the case of a homicide or abuse of corpse in any degree, a member of the immediate family of the decedent and, in the case of a minor victim, the legal guardian of the minor. In no event shall the petitioner be considered a victim.

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0040

Background and Purpose of Gun Relief Program

(1) The federal Brady Handgun Violence Prevention Act of 1993 (“Brady Act”) prohibits any person from selling or otherwise disposing of any firearm or ammunition to any person who has been involuntarily “committed to a mental institution” (18 U.S.C. Section 922 (d)(4)), or a person that has a mental health determination, and further prohibits any person who has been involuntarily “committed to a mental institution”, or a person that has a mental health determination, from shipping or transporting in interstate or foreign commerce, or possessing in or affecting commerce, any firearm or ammunition; or receiving any firearm or ammunition which has been shipped or transported in interstate or foreign commerce (18 U.S.C. Section 922 (g)(4)).

(2) Oregon Laws 2009, Ch. 826 (HB 2853) requires the PSRB, the Judicial Department, and Oregon Health Authority to locate and transmit the names of people that have a mental health determination to the Department of State Police for inclusion in NICS for the purpose of responding to the NICS queries regarding attempts to purchase or otherwise take possession of firearms, as defined in 18 U.S.C. 921(a)(3).

(3) Oregon Laws 2009, Ch. 826 requires the PSRB to administer a “relief from disabilities” process for persons who are disqualified from transporting, shipping, possessing, or receiving a firearm under federal and certain state laws. If relief is granted, and a petitioner was barred from transporting, shipping, possessing, or receiving a firearm under federal law, the record of relief will be transmitted to the Oregon State Police, who in turn will transmit the record of relief to the federal government for inclusion in the NICS database. If relief is granted, and a petitioner was barred from purchasing or possessing a firearm under either ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f), the record of relief will be transmitted to the Oregon State Police for inclusion and maintenance in its state databases. The purpose of these administrative rules is to establish the required administrative “relief” process for petitioners to request relief from their respective mental health firearm disqualifiers.

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0050

Petition for Relief

(1) An individual who is barred from transporting, shipping, possessing, or receiving a firearm under federal law due to a State of Oregon mental health determination may petition for relief of the firearm bar to the PSRB for the limited purpose of having his or her federal gun rights restored as it pertains only to the mental health determination firearm disqualification.

(2) An individual who is barred from possessing or purchasing a firearm under ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f), may petition for relief of the firearm bar to the PSRB for the purpose of having his or her state gun rights restored as it pertains only to the firearm disqualification as a result of either a commitment to the Oregon Health Authority or the Department of Human Services under ORS 426.130 or 427.290, or an order of a court under 426.130 after a finding of mental illness that the petitioner is prohibited from purchasing or possessing a firearm as a result of petitioner’s mental illness.

(3) A petition for relief shall be made on forms developed by the PSRB, which shall be available on the PSRB’s public website, e-mail, or through U.S. Mail. The petition for relief shall be submitted in its entirety before a hearing will be scheduled. In addition to the forms provided, the petitioner shall submit:

(a) A certified copy of all mental health records pertaining to the disqualifying mental health determination;

(b) A certified copy of all court records related to the circumstances surrounding the firearms disability. If the county courthouse is unable to locate petitioner’s records, petitioner must obtain a letter from the courthouse records department stating that it is unable to locate the court records related to petitioner’s mental health determination;

(c) A certified copy of petitioner’s national criminal history, including juvenile adjudications;

(d) An independent forensic mental health assessment performed no more than 90 calendar days prior to submission of the petition for relief to the PSRB. This assessment may not be performed by petitioner’s current or previous mental health provider. The assessment shall be performed by a licensed psychiatrist or psychologist. The assessment shall include, at a minimum, an opinion and a basis for that opinion, of petitioner’s interpersonal violence and self-harm risk. If petitioner has previously been granted judicial gun relief under ORS 166.274, for his or her civil commitment mental health determination prior to August 3, 2009, this independent forensic mental health assessment is not required as a prerequisite for scheduling a hearing. Proof of judicial relief shall be submitted with the petition. This waiver does not bar the Board from later ordering an assessment if deemed appropriate under OAR 859-300-0160.

(4) In addition to the required forms and documents in subsection (3), the petitioner may submit additional information in support of the petition for relief including, but not limited to:

(a) A certified copy of all mental health records detailing the petitioner’s psychiatric history.

(b) A certified copy of medical records from all of the petitioner’s current and former mental health treatment providers, including alcohol/substance abuse providers if the petitioner is receiving or has received such treatment. The records may also include a letter from petitioner’s current treating mental health practitioner, if any. The letter may contain the petitioner’s current medical health diagnosis, a list of psychiatric medicines and dosage, if any, the petitioner is currently prescribed, history of compliance with the medication, and any other information the practitioner deems relevant to petitioner possessing a firearm.

(c) If petitioner is currently on probation/parole for a criminal offense, a letter from the petitioner’s probation/parole officer providing a history of petitioner’s compliance with terms of probation/parole and any other relevant information he or she deems relevant to petitioner’s risk for harm if granted a firearm.

(d) Written evidence of the petitioner’s reputation, such as notarized letters of reference from current and past employers, family members or personal friends or other character evidence.

(5) In addition to submitting a petition and required documents to the PSRB, petitioner shall serve a copy of the petition and required documents on the Department of Human Services/Oregon Health Authority and the district attorney in the county in which the court made the mental health determination.

(6) The petitioner shall ensure that all required information accompanies the petition for relief at the time it is submitted to the PSRB and served on the Department of Human Services/Oregon Health Authority and the district attorney in the county in which the court made the mental health determination.

(7) Failure to provide truthful information in the petition and application materials shall result in denial of the petition.

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11; PSRB 2-2011(Temp), f. & cert. ef. 7-5-11 thru 12-27-11; PSRB 3-2011, f. & cert. ef. 12-13-11

859-300-0060

Time Limits; Applying for Relief

Subject to OAR 859-300-0080(3), a petition for relief may not be filed with the Board more than once every two years.

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0070

Timing of Relief Hearing

(1) Following receipt of a completed Petition for Relief and all required supporting documents, the Gun Relief Panel shall conduct a relief hearing on the petition within a reasonable time.

(2) The Board will schedule relief hearings at least one day per month unless the Panel determines that there is not sufficient business before the Panel to warrant a hearing at the scheduled time.

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0080

Notice of Relief Hearing/Request for Continuance/Withdraw of Petition

(1) Following receipt of the petition, the Board shall provide written notice of the relief hearing to the following persons or agencies within a reasonable time:

(a) Attorney representing the petitioner, if any;

(b) District attorney in which the petitioner resides and the district attorney in the county where petitioner’s mental health determination was adjudicated;

(c) The victim, identified after a reasonable effort is made, associated with the criminal offense that led to the mental health determination, if the court or Panel finds that the victim requests notification;

(d) Department of Human Services/Oregon Health Authority;

(e) The sheriff of the county in which petitioner resides and in the county where petitioner’s mental health determination was adjudicated;

(f) The chief of police where petitioner resides and where petitioner’s mental health determination was adjudicated, if applicable; and

(g) Any other person requesting notification.

(2) Upon the request of any party or on its own motion, the Board may, in its sole discretion, continue a relief hearing to allow the Board or any party to further prepare or obtain additional information or testimony.

(3) If a petitioner withdraws a petition for relief, the notice of withdrawal shall be served in writing on the Board no later than three weeks prior to the scheduled relief hearing date. A petitioner who timely submits a notice of withdraw may re-submit the petition any time after withdrawal.

(4) The Board shall issue a final order by default denying the petition if a petitioner fails to timely serve the Board with a notice of withdraw, or if the petitioner fails to appear at a relief hearing.

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0090

Principal Issue Before The Panel/Challenges to the Firearm Disqualification

(1) The sole issue at any Gun Relief hearing shall be whether the petitioner has demonstrated that he or she will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest.

(2) Petitions asserting other grounds for relief, including, but not limited to, erroneously entered mental health determination disqualifications into the NICS database, shall not be heard by the PSRB. Record correction challenges should be directed to the agency that submitted petitioner’s name to the Oregon State Police for entry into the firearm disqualification databases or the Oregon State Police Records Unit or the Federal Bureau of Investigation, Criminal Justice Information Services Division NICS Section.

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0100

Quorum and Decisions of Panel

(1) The presence of at least three members of the same Panel constitutes a quorum. Members of both the Juvenile Panel and the Adult Panel may serve as the Gun Relief Panel. Three concurring votes (affirmative or negative) are required to make a Panel decision. When three members cannot agree on the decision, the hearing shall be continued for no longer than 60 days and the recording of the hearing and the exhibits shall be reviewed by the remaining Panel member(s) and a decision by the majority of the members shall be the finding and order of the Panel.

(2) At the outset of each relief hearing, the Panel members shall select one member to be the presiding officer of the relief hearing. The relief hearing shall be conducted by and under the control of the presiding officer. The presiding officer shall designate the order of presentation and questioning, determine the scope of questioning, and may set time limits and terminate irrelevant questions and irrelevant or unresponsive answers. The officer presiding at the hearing shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the presiding officer in the case and the correct application of the law to those facts. The presiding officer also may limit repetitious and cumulative evidence.

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0110

Public Meetings Law

(1) All gun relief hearings shall be open to the public in accordance with the Public Meetings Law.

(2) Deliberations of the Panel shall not be open to the public. For the purposes of this subsection, the term “public” does not include PSRB employees or staff.

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0120

Records

(1) A record shall be kept of all gun relief hearings. The hearing shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the presiding officer in the case and the correct application of the law to those facts.

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

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

(b) The gun relief hearings shall be transcribed from the recording when an appeal is filed. Once transcribed, the transcript may be substituted for the original record;

(c) Any material to which an objection is sustained shall not be considered by the Panel. All objections and all rulings of the gun relief panel on objections and motions shall be noted on the record; and

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

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0130

Public Records Law; Confidentiality

The parties shall have the right to review any records to be considered at the relief hearing. All parties and their representative attorneys shall sign confidentiality agreements, as necessary, prior to inspecting or reviewing any records that are made confidential under either state or federal law, including but not limited to medical records, drug and alcohol records, and criminal history information records.

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0140

Evidence Considered; Admissibility

The Panel shall consider all evidence available to it which is material, relevant and reliable. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs shall be admissible, including, but not limited to, the following:

(1) All materials or witness testimony submitted by petitioner, including materials or testimony regarding petitioner’s reputation. All witness names must be submitted to the Board at least 10 days prior to the hearing.

(2) Information submitted by the district attorney, Department of Human Services/Oregon Health Authority or interested persons, including victims or elicited by the Panel in the course of hearing.

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0150

Motion Practice

Any party bringing a motion before the Panel shall submit five copies of the motion and memorandum of law to the Panel at least 10 days prior to the date of the hearing in which the motion will be heard.

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0160

Independent Examination of Petitioner

(1) The PSRB may require that the petitioner undergo an independent forensic mental health assessment in addition to the one submitted by petitioner. The assessment shall include at a minimum, an opinion and a basis for that opinion, of petitioner’s interpersonal violence and self-harm risk. The petitioner shall bear the costs of any independent evaluation and assessment. Failure of petitioner to undergo an assessment ordered by the PSRB will result in denial of the petition for relief.

(2) An attorney representing the state or county may request that the Board require the petitioner to submit to a forensic mental health assessment by a psychiatrist or psychologist. The party requesting this assessment shall bear the costs of the assessment.

(a) The attorney for the state or county shall file a written notice of intent to request an assessment within 10 days from receipt of the petition for relief. The notice shall be served on the Board, petitioner and Department of Human Services/Oregon Health Authority.

(b) The examination shall include an opinion, and a basis for that opinion, as to whether or not the petitioner would be likely to act in a manner dangerous to public safety if relief was granted, including an evaluation of self-harm risk.

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0170

Objections to Evidence

The presiding officer shall rule on questions of evidence. All evidence shall be admitted unless the presiding officer determines the evidence is not material, relevant or reliable.

(1) In determining whether the evidence is material, relevant or reliable, the presiding officer shall consider the following:

(a) Whether the evidence is of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs;

(b) The age and source of the documents;

(c) The ability of the witness to have observed and had personal knowledge of the incidents; and

(d) The credibility of the witness and whether the witness has bias or interest in the matter.

(2) Hearsay evidence shall be admissible unless the presiding officer determines that the hearsay evidence is not reliable based upon the quantity and quality of supporting and opposing evidence and on the entire circumstantial setting in which the hearsay evidence is offered. In determining the admissibility of hearsay evidence, the presiding officer shall consider the following factors, including, but not limited to:

(a) The alternative to relying on the hearsay evidence;

(b) The importance of the facts sought to be proved by the hearsay statements to the outcome of the proceeding;

(c) The economy and necessity to the proceeding in using the hearsay evidence;

(d) The ability of the party to cross-examine the particular hearsay statements or evidence; and

(e) The consequences to either the party or the Panel of admitting the hearsay evidence.

(3) A party may object to any evidence offered at the relief hearing. The presiding officer shall rule on an objection in the following manner:

(a) To sustain the objection and deny the admission and consideration of the evidence on the grounds that it is not material, relevant or reliable;

(b) To overrule the objection and admit the evidence and in considering the weight given to that evidence, consider the reason for the objection; or

(c) To grant a continuance for a period of time not to exceed 60 days to allow a witness to appear or be subpoenaed to testify about the evidence under consideration.

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0180

Witnesses and Documents; Subpoena

(1) Witnesses or documents may be subpoenaed either by a party or upon the Board’s own motion.

(2) A party may request the Board issue a subpoena upon a proper showing of the general relevance and reasonable scope of the documentary, physical, or witness evidence sought. The party requesting that a subpoena be issued by the Board shall be responsible for all costs associated with witness fees and service of the subpoena.

(3) Upon failure of any person, agency or facility to comply with a subpoena issued by the Board, the petitioner, counsel, the Board, or its designated representative may apply to the judge of a circuit court of any county to compel obedience to the subpoena.

Stat. Auth.: ORS 183.445, 161.395, 161.387(1, OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0190

Testimony Given on Oath

The Panel shall take testimony of a witness upon oath or affirmation of the witness administered by the presiding officer at the relief hearing.

Stat. Auth.: ORS 161.387(1); OL2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1); OL 2009, Ch. 826 (HB 2853)
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0200

Standard and Burden of Proof

(1) The standard of proof at the relief hearing shall be whether petitioner has demonstrated by clear and convincing evidence that the petitioner will not be likely to act in a manner that is dangerous to public safety and that granting the relief would not be contrary to the public interest.

(2) The burden of proof shall be on the petitioner.

Stat. Auth.: ORS 161.387(1); OL 2009, Ch. 826 (HB 2853)
Stats. Implemented: ORS 161.387(1); OL 2009, Ch. 826 (HB 2853)
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0210

Mandatory Personal Appearance

Personal appearance by petitioner is required at all stages of a relief hearing. An appearance by an attorney or personal representative on behalf of a petitioner shall not constitute personal appearance.

Stat. Auth.: ORS 161, 183, 419C
Stats. Implemented: ORS 161.387(1), OL 2007, Ch. 889 § 6 (SB 328)
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0220

Decisions of the Panel; Final Orders; Appeals

Within 30-days following the conclusion of the relief hearing, or within 30-days of the scheduled date of a relief hearing in the case of default, the Board shall issue a final order or final order by default to the petitioner, the attorney representing the petitioner, the district attorney representing the state, interested persons and the Department of Human Services. Final orders and Final orders by default:

(1) Shall be in writing and signed by a panel member of the relief hearing;

(2) Shall contain the findings of facts, conclusions of law, and the reasons for the decision;

(3) If the relief is granted, shall contain a notice to petitioner that substantially provides:

(a) In cases where a state mental health determination resulted in a ban from transporting, shipping, possessing, or receiving a firearm under federal law, the relief granted only removes the firearm disability imposed under 18 U.S.C. §§ 922(d)(4) and (g)(4), and that the relief granted does not otherwise qualify the petitioner to purchase or possess a firearm, and does not fulfill the requirements of the background check pursuant to the Brady Act (Pub. L. 103-159); or

(b) In cases where the petitioner was barred from purchasing or possessing a firearm under either ORS 166.250(1)(c)(D) or (E), or 166.470(1)(e) or (f), the relief granted does not otherwise qualify the petitioner to purchase or possess a firearm under state law; and

(4) Shall advise the petitioner of the right to appeal an adverse decision to the circuit court of the county that originally made the determination that led to the firearm prohibition and that the petitioner may then take an appeal from the circuit court to the Court of Appeals in accordance with ORS 183.500.

Stat. Auth.: ORS 161, 183, 419C
Stats. Implemented: ORS 161.387(1), OL 2007, Ch. 889 § 6 (SB 328)
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

859-300-0230

Submission of Final Order of Relief to Oregon State Police

No later than ten days after the date the Board issues a written final order granting relief from the firearms prohibition, the PSRB shall notify the Department of State Police to either transmit the record of the relief granted by the Board to the federal government as required under federal law, or to update or modify its state database(s), as provided by the Department of State Police’s administrative rules.

Stat. Auth.: ORS 161, 183, 419C
Stats. Implemented: ORS 161.387(1), OL 2007, Ch. 889 § 6 (SB 328)
Hist.: PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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