Oregon Administrative Rules|Section 859-400-0080 - Notice of Relief Hearing/Request for Continuance/Withdrawal 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) The Attorney General's Office;
 
(c) If the petitioner was convicted or found Guilty Except for Insanity, and: 
(i) The petitioner was convicted or found Guilty Except for Insanity in Oregon, the district attorney in the county where petitioner's sex crime was adjudicated; or
 
(ii) The petitioner was convicted or found Guilty Except for Insanity in a United States Court outside Oregon, the district attorney of the county in which the petitioner resides.
 
 
(d) The victim of the petitioner's sex crime or offenses identified after a reasonable effort is made, if the court or Panel finds that the victim requests notification;
 
(e) The sheriff of the county in which petitioner resides;
 
(f) The chief of police where petitioner resides, 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 submits a notice of withdraw according to the time frame outlined in this subsection may re-submit the petition any time after withdrawal.
 
(4) If a petitioner fails to serve the Board with a notice of withdrawal in a timely fashion, or if the petitioner fails to appear at a relief hearing, the Board shall issue a final order by default denying the petition.
 
Or. Admin. R. 859-400-0080
PSRB 3-2018, adopt filed 11/28/2018, effective 12/1/2018
Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125
 
Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125
This section was updated on 12/28/2018 by overlay.