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

 

DIVISION 540

JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD
HEARINGS AND MEETINGS

859-540-0005

Hearings and Administrative Meetings

(1) The Board shall hold full hearings at least twice every month unless the chairperson determines that there is not sufficient business before the Board to warrant a hearing at the scheduled time.

(2) The Board may hold administrative hearings to review court conditional releases, secure facility requests’ for conditional release and case manager or client requests for modifications of conditional release orders. Notice for proceeding via an administrative – rather than a full – hearing shall be provided in a similar manner but with less than 10 days notice. The Board shall consider information on the written record only and no oral testimony shall be received.

(a) If an objection is made to the approval, disapproval or modification of the conditional release plan, the youth, qualified mental health or developmental disabilities treatment provider, or the state has the right to request a hearing;

(b) On its own motion, the Board may require further information, testimony or the presence of the youth and therefore, set the matter for a full hearing.

(3) The Board shall hold administrative meetings to consider matters relating to Board policy and administration as often as necessary.

(4) 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.

Stat. Auth.: ORS 161.385, 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.385(1)-(7), 161.387(1) 419C.538
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-540-0010

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 for a Board decision.

(2) When three members cannot agree on a decision, the hearing shall be continued for no longer than 60 days. A recording 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 youth objects to the remaining member's or members' review as set forth in section (2) of this rule and if good cause is shown, the Board may reschedule the matter for a full hearing before the entire Board.

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

Stat. Auth.: ORS 161.385, 161.387, OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.385(1)-(7), 161.387(1)
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-540-0015

Public Meetings Law

All hearings and administrative meetings of the JPSRB are open to the public in accordance with the Public Meetings Law. The deliberations of the Board at hearings are not open to the public, nor are Executive sessions. For purposes of this rule, PSRB staff and employees are not considered members of the “public”.

Stat. Auth.: ORS 161.385, 161.387OL 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.385(1)-(7), 161.387(1)-(2)
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-540-0020

Records

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

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

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

(b) The recording of the Board hearings shall be transcribed for appeal purposes when a notice of appeal is filed. If 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 recording or transcript of the proceedings shall be made available at cost to a party to the proceedings upon request.

Stat. Auth.: ORS 161.385, 161.387, OL 2007, Chapter 889 § 6 (SB 328)
Stats. Implemented: ORS 161.346(7), 419C.532(14)
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

859-540-0025

Public Records Law; Confidentiality

(1) The attorneys for the youth shall have the right to review any exhibit to be considered at the hearing. Statutory requirements shall be observed with respect to requests by any other individual/entity to inspect youth records.

(2) Other requests shall be reviewed to determine whether the record is exempt under a specific exception to the public records law, including but not limited to:

(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.

(c) Public records or information the disclosure of which is prohibited or restricted or otherwise made confidential by federal or state law.

(3) A medical record shall be withheld from public inspection if the Board determines that the disclosure would interfere with the rehabilitation of the youth and if the public interest in confidentiality clearly outweighs the public interest in disclosure.

(4) 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, 161.387, 192.450,192.500, 192.525, 192.690; OLs 2007, Ch. 889 § 6 (SB 328)
Stats. Implemented: ORS 161.336, 161.346, 419C.532
Hist.: PSRB 2-2010, f. & cert. ef. 9-28-10

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