Oregon Administrative Rules|Section 859-300-0080 - Notice of Relief Hearing/Request for Continuance/Withdraw of Petition

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(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.
 
Or. Admin. R. 859-300-0080
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
Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)
 
Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))