justicedao/ipfs_state_laws huggingface dataset:
859-570-0030 Evaluation and Reports (1) All reports and evaluations received on the youth's fitness for conditional release, modification of conditional release or revocation, and monthly progress shall be made a part of the board’s record. (2) All serious incidents must be communicated through an immediate phone call to the PSRB executive director or designee and followed-up with a written incident report. A serious incident includes, but is not limited to: (a) Unauthorized departure; (b) Arrest; (c) Positive urine or oral drug screen or other substance use testing; (d) Repeated refusals to take psychotropic medications or other medications prescribed to manage the person’s mental health; (e) Psychiatric or medical hospitalization; (f) Violent or dangerous behaviors; or (g) Other circumstances deemed to be serious by the reporting party. Statutory/Other Authority: ORS 161.387 & ORS 419C.533 Statutes/Other Implemented: ORS 161.332, ORS 161.336, ORS 161.346, ORS 161.390, ORS 419C.520, ORS 419C.529, ORS 419C.532 & ORS 419C.538 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 2-2010, f. & cert. ef. 9-28-10
859-570-0035 Out-of-State Conditional Release Order The Board may consider and approve a conditional release plan to have the youth reside out of state. Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.332, 161.336, 161.346, 161.390, 419C.520, 419C.529, 419C.532 & 419C.538 History: PSRB 2-2010, f. & cert. ef. 9-28-10
859-580-0005 Revocation of Conditional Release/Affidavit (1) Revocation of conditional release may be affected by preparation of an affidavit and order of revocation in accordance with procedures set forth in this division. (2) As an alternative to revocation of conditional release, a youth may return voluntarily to a secure facility. (3) Upon the recommendation of the staff of the Board and receipt of an affidavit based on noncompliance with an order of the Board or a change in the youth's conditions of release or mental status, the Board Chair or acting Chairperson may order the youth returned to a state secure facility for evaluation and treatment through an order of revocation. (4) Emergency Revocation. When a Board member is not available and time is of the essence, the Executive Director of the Board may issue and execute an order of revocation subject to review by a Board member within 72 hours of the execution of the order. (5) Revocations after office hours shall be achieved pursuant to ORS 161.336(6) Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.336 & 419C.538 History: PSRB 2-2010, f. & cert. ef. 9-28-10
859-580-0010 Reasonable Grounds for Revocation Reasonable grounds for revocation of a conditional release include: (1) The youth has violated term(s) of the conditional release plan such that the youth would pose a substantial risk of danger to others; or (2) The youth's mental status has changed such that the youth would pose a substantial risk of danger to others; or (3) The youth has absconded from jurisdiction such that the youth would pose a substantial risk of danger to others; or (4) The community resources required by the conditional release order are no longer available so that the youth would pose a substantial risk of danger to others. Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.336, ORS 161.346, ORS 419C.532 & ORS 419C.538 History: PSRB 2-2010, f. & cert. ef. 9-28-10
859-580-0015 Post-Revocation Procedure Once revocation is effectuated, the Board shall request additional information from the youth’s case manager regarding the circumstances and reason for the conditional release failure and a recommendation regarding future treatment and release. Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.336 & 419C.532 History: PSRB 2-2010, f. & cert. ef. 9-28-10
859-590-0005 Reconsideration A party to the hearing may request reconsideration of a Board finding in writing or, on its own motion, the Board may reconsider the finding. (1) If an issue is appropriately raised, the matter shall be remanded to the Board for hearing on that issue. Reconsideration may be upheld if: (a) The written findings are found to be inaccurate or do not support the action taken by the Board; or (b) Substantial information material to the issues which was not known or which could not have been known at the time of the hearing is received; or (c) A material misrepresentation of facts or concealment of facts occurred; or (d) The Board decision is contrary to the rules or statutes governing the Board. (2) If the issues are not appropriately raised, the youth shall receive written notification of the reasons for denial of reconsideration. Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.336 & 419C.532 History: PSRB 2-2010, f. & cert. ef. 9-28-10
859-600-0005 Compliance State and/or local mental health and developmentally disabled programs shall comply with any order of the Board. Statutory/Other Authority: ORS 137, 161, 192, 428 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.336, 161.346, 419C.532, 419C.538 & 419C.540 History: PSRB 2-2010, f. & cert. ef. 9-28-10
859-600-0020 Discharge The Department of Human Services and Oregon Health Authority is responsible for preparation of discharge plans as specified in ORS 161.390(2). Statutory/Other Authority: ORS 161.387, OL 2007 & Ch. 889 § 6 (SB 328) Statutes/Other Implemented: ORS 161.336, 161.390 & 419C.538 History: PSRB 2-2010, f. & cert. ef. 9-28-10
859-600-0025 Leaves and Passes (1) Any overnight or out-of-town leave of absence or pass request for the youth in a secure children’s inpatient treatment program shall be signed by a physician and submitted to the PSRB on the Board’s pass request form no less than three days prior to the proposed pass or leave of absence date. (2) Written confirmation should be submitted to the Board in each case: (a) A leave of absence or pass may be requested when the physician is of the opinion that a leave of absence or pass from the secure children’s inpatient treatment program would pose no substantial danger to others and would be therapeutic for the youth; (b) Secure children’s inpatient treatment program staff will be contacted by the PSRB only if there are any reservations about the pass. Statutory/Other Authority: ORS 419C.533 & ORS 161.387 Statutes/Other Implemented: ORS 137.540 & ORS 419C.533 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 2-2010, f. & cert. ef. 9-28-10
859-600-0030 Emergency Move Exceptions (1) Nothing in Divisions 501 through 600 prohibits the Board, the youth’s SAIP, SCIP, SITP, or community placement, and the Oregon Health Authority from entering into a mutually satisfactory agreement regarding the youth’s placement in the community during an emergency. (a) If the youth is temporarily placed in a more restrictive setting during an emergency, they are not required to obtain a mental health evaluation before returning to the placement they had before the emergency temporary move occurred unless otherwise recommended by the case monitor. (b) For the purposes of this rule, an emergency is defined as circumstances that could not be reasonably foreseen that create a substantial risk to the health and safety of the patient, including, but not limited to, a natural disaster, fire, or the unexpected closure of the patient’s residence. (2) In the event of a youth’s move to a temporary placement due to an emergency, the PSRB will notify the any victims of the person’s move as soon as practicable. Statutory/Other Authority: ORS 161.387 & ORS 419C.533 Statutes/Other Implemented: ORS 419C.533 History: PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022
860-001-0000 Applicability and Waiver (1) These rules govern practice and procedure before the Public Utility Commission of Oregon (Commission). The Commission will liberally construe these rules to ensure just, speedy, and inexpensive resolution of the issues presented. The Oregon Rules of Civil Procedure (ORCP) also apply in contested case and declaratory ruling proceedings unless inconsistent with these rules, a Commission order, or an Administrative Law Judge (ALJ) ruling. (2) For limited purposes in specific proceedings, the Commission or ALJ may modify or waive any of the rules in this division for good cause shown. A request for exemption must be made in writing, unless otherwise allowed by the Commission or ALJ. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0010 Definitions As used in this division: (1) “Applicant” means a person requesting or applying for a right, privilege, power, or other authority, or seeking permission to exercise a right or privilege under a statute requiring the filing of an application. (2) “Authorized representative” means a member of a partnership; an authorized officer or regular employee of a corporation, association, or organized group; an officer or regular employee of an organization affiliated with the party if the officer or employee is authorized to represent the party; or an authorized officer or employee of a governmental authority. (3) “Complainant” means a person, including the Commission, who files a complaint under a statute providing for the filing of complaints before the Commission. (4) “Contested case” has the meaning provided in ORS 183.310(2) and does not include rulemaking proceedings. (5) “Days” means calendar days unless otherwise noted. (6) “Intervenor” means a person who has intervened in the proceedings under OAR 860-001-0300. (7) “Party” means a person entitled as a matter of right to a hearing before the Commission, an intervenor, or Commission Staff. (8) “Person” has the meaning provided in ORS 756.010(5) as supplemented to include governmental entities. (9) “Petitioner” means a person applying for permission to exercise a right, privilege, power, or other authority, or requesting a declaratory ruling under ORS 756.450. (10) “Rulemaking” means proceedings to adopt, amend, or repeal a rule as set forth in ORS 183.335. (11) “Staff” means an employee of the Commission except a Commissioner or an ALJ. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0020 Hours of Operation, Location, and Contact Information (1) Office Hours: Commission offices are open to the public between 8:00 a.m. and 5:00 p.m., Monday through Friday, except on legal holidays as defined in ORS 187.010 or when the Commission’s office is closed by a Department of Administrative Services directive. (2) Location and general contact information: The information included in this section is current at the time of rule adoption, but may change. Current information and additional contact information is available on the Commission's website: http://www.puc.state.or.us (a) Physical Location: 201 High Street SE, Suite 100, Salem, OR 97301 (b) Mailing Address: PO Box 1088, Salem, OR 97308-1088. (c) Telephone: (A) Local to Salem: (503) 373-7394, TTY (Oregon Relay Service): (800)-735-2900; (B) Consumer Services: (800) 522-2404; (C) Telephone Assistance Programs: (800) 848-4442, TTY (800) 648-3458. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575 History: PUC 1-2015, f. & cert. ef. 3-3-15 PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0030 Notice of Commission Proceedings (1) A person may request to receive electronic notice of: (a) Commission public meetings; (b) Permanent rulemaking proceedings that involve electric, natural gas, telecommunications, water, wastewater, or procedural matters; and (c) Contested case proceedings that concern particular regulated industries. (2) A person without access to electronic mail may request that the Commission provide notice by first-class mail. The Commission may establish a fee for providing notice by mail. (3) The Commission will not delete a name from a notice list without prior notification. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 183.335, 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0040 Commission Publications The Commission will charge fees reasonably calculated to reimburse the agency for the costs of annual subscriptions, agency publications, and materials related to agency proceedings. These fees, which include mailing costs, are: (1) Subscriptions to Commission orders: $100 (annually). (2) Subscription to notices of hearings: $50 (annually). (3) Administrative rules update service: $75 (annually). (4) Bound volume of Oregon laws relating to the Commission: At cost. (5) Maps of specific area boundaries: $20. (6) Statistical reports: $15. (7) Hearing transcripts: At cost. A copy of a public hearing transcript must be supplied to a party without cost if the party files with the Commission a satisfactory affidavit of indigency under ORS 756.521. (8) Notice by mail of Commission proceedings under OAR 860-001-0030(2): $25 annually. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 192.420-192.505, 756.040 & 756.325 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0050 Late Fees and Penalties (1) The Commission will impose the following late fees and penalties when applicable: (a) Check returned for non-sufficient funds: $25. (b) Costs incurred by the Commission to collect past-due amounts: At cost. (2) The Commission will impose the following interest and penalties for the untimely payment of fees required by statute or rule: (a) Annual Fees: No interest; 2 percent of fee as penalty per month. (b) Residential Service Protection Fund (RSPF) payments: 9 percent interest per annum; 9 percent penalty of unpaid fee up to $500 maximum per reporting period. (3) The Commission will impose the following fees for late-filed statements and reports: (a) Electric company Annual Fee Statement: $100. (b) Gas utility Annual Fee Statement: $100. (c) Telecommunications providers Annual Fee Statement: $100. (d) Water utility Annual Fee Statement: $40. (e) RSPF Remittance Report: $100. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.305 – 756.320 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0070 Confidential Information (1) This rule applies to information submitted under a claim of confidentiality under the Public Records Law, but does not apply to information designated as confidential under a protective order in a contested case proceeding. (2) At the time of submission, a person may designate a document or portion of a document as containing confidential information. A designation must be made in good faith and be limited to information that qualifies for protection. The person asserting confidentiality must state the legal basis for the claim of confidentiality. (3) Unless otherwise provided by Commission order, confidential information submitted under this rule must be clearly labeled on each electronic page as confidential and identified as confidential in the document name, or printed on yellow paper, separately bound, and placed in a sealed container or provided on a portable data storage device clearly labeled with the word CONFIDENTIAL and placed in a sealed container. Spreadsheets containing confidential information must be labeled with “confidential” in the header or footer. To the extent practicable, the provider must place only the portions of the document that contain confidential information in the container. The confidential information on each page must be clearly marked by inserting [Confidential] before and after the portion of information that is confidential. The container must be marked “CONFIDENTIAL.” Multiple sealed containers may be mailed in one package. (4) Confidential information submitted to the Commission is exempt from public disclosure to the extent provided under the Public Records Law, ORS 192.410 through 192.505. (5) Any failure to comply with the requirements in this rule may result in the submission not being treated as including confidential information or being returned to the provider for correction and resubmission. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 192.420-192.505 & 756.040 History: PUC 1-2015, f. & cert. ef. 3-3-15 PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0090 Delegation of Authority to Administrative Law Judge (1) The Commission delegates to the ALJ authority to: (a) Regulate the course of rulemaking, contested case, and declaratory ruling proceedings, including scheduling, recessing, reconvening, and adjourning hearings; (b) Administer oaths; (c) Issue subpoenas; (d) Make evidentiary rulings; (e) Supervise and control discovery; (f) Hold appropriate conferences before, during, or after hearings; (g) Decide procedural matters, but not to grant contested motions to dismiss or other contested motions that involve final determination of the proceedings; (h) Change filing deadlines; (i) Grant waivers of rules; (j) Certify a question to the Commission for consideration and disposition; (k) Determine the order in which evidence will be presented; (l) Issue a protective order to limit disclosure of confidential information; and (m) Take any other action consistent with the duties of an ALJ. (2) The ALJ must conduct proceedings in a fair and impartial manner and maintain order. If a person engages in conduct that interferes with this duty, then the ALJ may suspend the proceeding or exclude the person from the proceeding. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040, 756.055 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0100 Impartiality (1) An ALJ may be disqualified from presiding over specific proceedings for the same reasons and under the same circumstances as specified in JR 3.10. of the Oregon Code of Judicial Conduct. (2) A party may move for disqualification of an ALJ if the ALJ’s impartiality may reasonably be questioned. The motion must be filed within 15 days after the party learns of the facts supporting the disqualification and contain grounds for supporting the motion. Written responses to the motion for disqualification must be filed within 7 days of receipt of the motion. An ALJ other than the presiding ALJ will rule on the motion. (3) The parties may waive any ground for disqualification after it is fully disclosed on the record, either expressly in writing or orally on the record, or by failing to move for disqualification within the time limits in section (2) of this rule. (4) An ALJ’s disqualification does not automatically affect the validity of rulings or orders issued prior to the filing of the motion for disqualification. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040, 756.055 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0110 Appeal to the Commission from Ruling of Administrative Law Judge (1) A party may request that the ALJ certify an ALJ’s written or oral ruling for the Commission’s consideration. A party must request certification of a ruling within 15 days of the date of service of the ruling or date of the oral ruling. (2) The ALJ must certify the ruling to the Commission under OAR 860-001-0090 if the ALJ finds that: (a) The ruling may result in substantial detriment to the public interest or undue prejudice to a party; (b) The ruling denies or terminates a person’s participation; or (c) Good cause exists for certification. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 – 756.575 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0130 Termination of Eligibility; Decertification (1) Upon the filing of a complaint under ORS 756.500 or upon a Commission investigation or motion under 756.515, the Commission may terminate the precertification or case certification of an organization if it finds that: (a) The organization has committed fraud, misrepresentation, or misappropriation related to a grant made available under the terms of a Commission-approved agreement; (b) The organization received a grant in Commission proceedings, but during those proceedings failed to represent the interests of the broad class of customers that the organization purported to represent in its application for precertification or case certification; (c) The organization has failed to comply with Commission orders or rules in a material way; (d) The organization violated the terms and conditions of a protective order governing the use and disclosure of confidential information; (e) For CUB, there has been a substantial change in or repeal of ORS 774.010 through 774.990; or (f) A precertified organization other than CUB no longer meets the criteria of OAR 860-001-0120(3). (2) An intervenor that is decertified under paragraph (1)(d) is ineligible for future precertification or case certification under the agreement. (3) Termination of the precertification or case certification of an organization is prospective only. Statutory/Other Authority: ORS 756.040, 756.060 & 757.072 Statutes/Other Implemented: ORS 756.040, 756.055 & 757.072 History: PUC 5-2010, f. & cert. ef. 10-22-10
860-001-0140 General (1) The Commission requires the use of its Filing Center for the filing of documents in agency proceedings. Contact information for the Filing Center is as follows: (a) Electronic mail: PUC.FilingCenter@state.or.us. (b) Phone: (503)378-6678 Fax: (503) 378-6163. (c) Mailing Address: Filing Center, Public Utility Commission of Oregon, PO Box 1088, Salem, OR 97308-1088. (d) Delivery Address: Filing Center, Public Utility Commission of Oregon, 201 High Street SE, Suite 100, Salem, OR 97301. (2) Documents submitted to the Commission must include the name of the person submitting the document, the person’s physical and electronic mail addresses, and the person’s telephone number. If applicable, the name of the business or organization that person represents must also be included. (3) If possible, documents should fit on an 8-1/2 by 11-inch page and have at least 1 inch margins when printed. (4) When the filing or serving of physical copies is required, the Commission encourages the use of recycled paper and printing on both sides of the page. Tariff filings of 100 pages or more must be filed single-sided. Statutory/Other Authority: ORS 756.040 & 756.060 Statutes/Other Implemented: ORS 756.040 & 756.500 - 756.575 History: PUC 1-2015, f. & cert. ef. 3-3-15 PUC 5-2010, f. & cert. ef. 10-22-10