justicedao/ipfs_state_laws huggingface dataset:
858-040-0070 Failure to Comply (1) A Renewal Notice and Reporting Affidavit shall be deemed timely if it is postmarked by the stated due date of the reporting year. Burden of proof of mailing is on the licensee. (2) A licensee whose Renewal Notice and Reporting Affidavit is not postmarked by stated due date shall pay a delinquent fee. (3) An individual whose license has lapsed for failure to submit a complete Renewal Notice and Reporting Affidavit and delinquent fee within 30 days after the due date must re-apply for licensure. (4) Failure to comply with any provision of OAR Chapter 858, Division 40, or misrepresentation of compliance, constitutes unprofessional conduct per ORS 675.070(2)(d) and (h) and is grounds for disciplinary action. (5) An individual whose license has been revoked for noncompliance of continuing education requirements must re-apply for licensure. (6) A licensee selected for the continuing education random audit who responds after the stated due date is subject to disciplinary action, to include but not limited to the following sanction: (a) Up to 30 days late: $200 delinquent fee. (b) Up to 60 days late: $300 delinquent fee. (c) Failure to respond after 60 days late: $500 delinquent fee and the licensee's license will be suspended until the licensee provides a complete response documenting the licensee's compliance with the continuing education requirements. (7) A licensee selected for the continuing education random audit whose hours are deficient, including a licensee's failure to submit complete documentation, is subject to disciplinary action, to include but not limited to the following sanction: (a) Deficiency of 1 to 10 hours: $250 fine. (b) Deficiency of 11 to 20 hours: $500 fine. (c) Deficiency of 21 to 30 hours: $750 fine. (d) Deficiency of 31 to 40 hours: $1000 fine. (e) A licensee found to be deficient will be given 30 days to complete the deficient hours. Hours made up may not be double counted towards a subsequent reporting period. (A) If the licensee fails to complete the deficient hours within 30 days, an additional $250 fine will be assessed, and licensee may be subject to further disciplinary action. (B) If the licensee fails to complete the deficient hours within 90 days, the licensee’s license will be suspended for a minimum of 60 days. Statutory/Other Authority: ORS 675.110 Statutes/Other Implemented: ORS 675.110(3), (13), (14), (15) History: OBP 6-2021, amend filed 11/15/2021, effective 01/01/2022 Renumbered from 858-040-0020, BPE 2-2014, f. 6-2-14, cert. ef. 1-1-15 BPE 1-2010, f. & cert. ef. 1-8-10
859-001-0005 Notice Prior to the adoption, amendment or repeal of any rule, 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 rule takes effect; (3) By mailing or furnishing a copy of the notice to Designated Legislators in accordance with ORS 183.335(15) at least 49 days before the rule takes effect; (4) By mailing or furnishing a copy of the notice to: (a) Associated Press; (b) Attorney General; (c) Attorneys for Adult Clients; (d) DHS/AMH PSRB Liaisons; (e) Disability Rights Oregon (DRO); (f) Oregon Association of Chiefs of Police (g) Oregon Criminal Defense Lawyers Association; (h) Oregon District Attorneys Association; (i) Oregon Psychiatric Association (j) Oregon Psychological Association (k) Oregon State Sheriff’s Association (l) OSH Consumer and Family Services; (m) PSRB Community Case Managers; Statutory/Other Authority: ORS 161.387(1) Statutes/Other Implemented: ORS 161.387 History: PSRB 1-2018, minor correction filed 04/16/2018, effective 04/16/2018 PSRB 2-2014, f. & cert. ef. 12-18-14 PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-001-0010 Cost of Administrative Rules Copies of administrative rules are available electronically at no charge on the Secretary of State’s website: http://sos.oregon.gov/archives/pages/oregon_administrative_rules.aspx. PSRB staff can also email copies of proposed administrative rules to interested parties. Statutory/Other Authority: ORS 161 & 183 Statutes/Other Implemented: ORS 161.387 History: PSRB 2-2014, f. & cert. ef. 12-18-14 PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1987, f. & ef. 2-4-87
859-020-0005 Membership The Adult Panel of the PSRB, as stated in ORS 161.385, consists of 5 members with the experience and terms as defined in the statute. The Adult Panel includes a psychiatrist, a psychologist, a member with substantial experience in the processes of parole and probation, a lawyer with substantial experience in criminal trial practice, and a public member. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.385 History: PSRB 1-2016, f. & cert. ef. 3-17-16 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-020-0010 Chairperson of the Adult Panel (1) Selection: The Board will select one or more of its members as chairperson or as co-chairpersons to serve for a one year term. The chair person(s) may be re-elected for subsequent terms. (2) Duties: (a) The duties of the Adult Panel Chairperson(s), or Acting Chairperson(s), include, but are not limited to: (A) Presiding at administrative meetings, administrative hearings, full hearings and other matters requiring Adult Panel decisions; (B) Rulings on procedural matters; (C) Conducting Annual Performance Evaluations of the Executive Director; (D) Hiring and terminating the Executive Director with the approval of the majority of the Board; and (E) Assist Executive Director with personnel matters (e.g. consulting regarding termination, discipline and hiring of PSRB employees) (b) Designating an Acting Chair when the Chairperson is not present or available or when otherwise appropriate or necessary. (3) Acting Chairperson. The Chairperson may appoint for temporary purposes any Adult Panel member to be designated as Acting Chairperson. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.385 History: PSRB 1-2016, f. & cert. ef. 3-17-16 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-020-0015 Executive Director; Powers and Duties The executive director will officially represent the Board and will perform other duties including but not limited to: (1) Supervising work operations of the Board's staff, including taking corrective action regarding employees; (2) Preparing and managing the biennial budget; (3) Implementing Board policies and decisions; (4) Informing the Board of the status of persons under its jurisdiction; (5) Presenting to the Board all matters requiring Board action; (6) Hiring and terminating employees; (7) Providing community outreach such as training for the public, licensed mental health providers, practitioners, attorneys, judges and certified evaluators as well as education, presentations and site visits of licensed residential facilities; (8) Tracking legislation applicable to Board operations, advising the Legislature on concepts and representing the Board at legislative hearings and meetings; (9) Communicating regularly with hospital and community providers about persons under the Board’s jurisdiction, in order to ensure that services are maintained at the proper level. (10) Sitting on relevant task forces and boards to improve the criminal responsibility system. (11) Attending Board deliberations and offering procedural/administrative guidance. (12) Performing other duties as authorized or requested by the Board, such as approving out-of-state pass requests and requests for community evaluations. Statutory/Other Authority: ORS 161.385 Statutes/Other Implemented: ORS 161.385 History: PSRB 1-2016, f. & cert. ef. 3-17-16 PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-030-0005 PSRB Adult Panel Responsibilities Purpose: The Board's Adult Panel monitors the psychiatric and physical health and treatment of all persons placed under its jurisdiction and performs other duties as assigned by the Legislature. The Board will have as its primary concern the protection of society. In addition, the Board's responsibilities will include, but not be limited to: (1) Holding hearings as required by law to determine the appropriate status of persons under its jurisdiction; (2) Overseeing the supervision of persons placed on conditional release in the community; (3) Modifying or terminating conditional release plans; (4) Maintaining and keeping current medical, social and criminal histories of all persons under the Board's jurisdiction; (5) Observing the confidentiality of records as required by law. Statutory/Other Authority: ORS 161.387, Or Law 2011, ch 708 & § 33(2) (SB 420) Statutes/Other Implemented: ORS 161.315 - ORS 161.351, Or Law 2011, ch 708, §§ 33, 41 (SB 420) & ORS 161.390 History: PSRB 2-2018, amend filed 06/14/2018, effective 07/01/2018 PSRB 3-2016, f. & cert. ef. 3-17-16 PSRB 2-2012, f. & cert. ef. 4-16-12 PSRB 1-2012(Temp), f. & cert. ef. 2-3-12 thru 7-31-12 PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-030-0015 Victim's Rights (1) The Board shall make reasonable efforts to notify victims identified in a jurisdictional order or victims who have requested to be notified of any of the following regarding a person under the Board’s jurisdiction: (a) Any order; (b) Hearings; (b) Conditional release; (c) Discharge; (d) Move to a temporary placement due to an emergency; and (e) Escape or unauthorized departure of the person. (2) Victims may provide oral or written victim impact statements at a person’s full hearing and written victim impact statements at a person’s administrative hearing. Victim impact statements are not considered testimony and will not be taken under oath by the Board. (3) Victims may provide a written request for a copy of a person’s recorded hearing on a removeable media storage device at no charge. (4) Victims are given priority seating at all in-person hearings. (a) Victims are encouraged to notify Board staff immediately of hearings-day time constraints. The Board considers reasonable scheduling restrictions from victims. (b) The Board may permit victims to appear by remote means for full hearings. (c) Victims are entitled to due dignity and respect. This may include prohibiting the recording of a victim impact statement or other portions of the hearing that include graphic depictions of the instant offense. (5) Victims may request to be added to the notification list and provide updated contact information at any time by emailing PSRB staff: psrb@psrb.oregon.gov. The Board uses this notification list as its primary means to notify a victim of the circumstances outlines in section (1) of this rule. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.387 & ORS 161.326 History: PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022
859-030-0020 Diversity, Equity, and Inclusion The PSRB will engage in rulemaking and hearing processes consistent with the priorities of the Governor and the policies implemented by the Oregon Office of Diversity, Equity, and Inclusion/Affirmative Action. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.387 History: PSRB 1-2022, adopt filed 01/13/2022, effective 01/13/2022
859-040-0005 Administrative Meetings (1) The Adult Panel of the Board will hold administrative meetings to consider matters relating to Board policy and administration. Generally, these administrative meetings are held on a quarterly basis unless there is business that warrants meeting more or less frequently. (2) The agenda for administrative meetings will be developed by the Executive Director and the Chairperson(s) prior to the meeting. Public notice will be given in accordance with the Public Meetings Law. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.385 & ORS 161.387 History: PSRB 2-2016, f. & cert. ef. 3-17-16 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-040-0010 Quorum and Decisions The presence of at least three members of the Board—in person or by remote means—constitutes a quorum: Three concurring votes (affirmative or negative) are required for the Board’s Adult Panel to make a decision. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.385 History: PSRB 2-2016, f. & cert. ef. 3-17-16 PSRB 1-2009, f. & cert. ef. 5-5-09 PSRB 1-2008(Temp), f. & cert. ef. 12-17-08 thru 6-2-09 PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-040-0015 Public Meetings Law All meetings of the PSRB are open to the public in accordance with the Public Meetings Law; the deliberations of the Board are not open to the public. For the purposes of this rule, the term “public” does not include employees of the PSRB. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.387 History: PSRB 2-2016, f. & cert. ef. 3-17-16 PSRB 1-2009, f. & cert. ef. 5-5-09 PSRB 1-2008(Temp), f. & cert. ef. 12-17-08 thru 6-2-09 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-040-0020 Records Written minutes will be kept of Board action taken at administrative meetings and adopted at the subsequent administrative meeting. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.345 & 161.346 History: PSRB 2-2016, f. & cert. ef. 3-17-16 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-040-0025 Public Participation (1) The Adult Panel of the Board will allocate a public comment period during its Administrative meetings. The Adult Panel Chairperson or Acting Chairperson may set a time limit for participants electing to speak during that period. (2) The public may not participate in the discussion during Administrative meetings unless invited by the Board Chairperson. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.385, ORS 192.630, ORS 192.690 & ORS 192.672 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 2-2016, f. & cert. ef. 3-17-16 PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-045-0005 Written Records (1) Pursuant to Oregon public records law, Board orders and information releasable to the public within the Public Records Law will be made available upon request within a reasonable time. (2) All requests will be made in writing and final determination on disclosure will be made by the Board or Board staff. Delays in releasing written material may occur when consultation with counsel is necessary to determine whether a record falls under the exemption from disclosure laws. (3) At a minimum, public records requests will be reviewed by PSRB staff to determine whether any of the records are exempt under the Public Records Law including, but not limited to, the following provisions: (a) Information of a personal nature such as that kept in a 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; or (b) Medical records, health information, individually identifiable health information and protected health information will be withheld from public inspection if the Board determines that the disclosure would interfere with the rehabilitation of the person and if the public interest in confidentiality clearly outweighs the public interest in disclosure. (4) PSRB will charge a fee of $0.25 per hard copy page for copying material, unless the request is voluminous, in which case the requested materials will be placed on a compact disc (CD) at a charge of $5.00 per CD. For all requests for one hundred (100) pages or more, PSRB may provide the requestor with a written estimate of the associated copying fees. Appeals of determinations on disclosure may be made by petition to the Attorney General in accordance with statutory requirements. Statutory/Other Authority: ORS 192.501, 192.502, 192.440, 192.496(3), 179.505, 192.556 & 161.387 Statutes/Other Implemented: ORS 192.501, 192.502, 192.496(3), 179.505, 192.556 & 161.387 History: PSRB 6-2016, f. & cert. ef. 3-17-16
859-050-0001 Hearings (1) PSRB Hearings are open to the public, except Board deliberations. (2) The Board, Board staff, or the security staff at the hearings’ location may limit physical items or persons permitted inside the hearings room to ensure safety and hearing decorum. This may include limiting personal items such as cell phones and weapons, as well as restricting access to persons who are disruptive to the decorum of the hearing or limiting numbers of persons when the number of attendees in the hearings room exceeds the fire marshal’s safety code. Victims, treatment team members and patient’s guests will be given priority seating. (3) When PSRB hearings are held at any branch or part of Oregon State Hospital (OSH), OSH security policies will be followed. (4) For protocol for media participation in hearings, see OAR 859-050-0105. (5) A copy of a recorded hearing on CD may be obtained by written request. A charge of $5.00 per CD will be assessed unless the requestor is the patient, employed by an agency that is providing treatment to a patient, a victim of the instant offense, or a party. Statutory/Other Authority: ORS 161.387, 192.501, 192.502 & 192.610 et seq. Statutes/Other Implemented: ORS 161.387, 192.501, 192.502 & 192.610 History: PSRB 5-2016, f. & cert. ef. 3-17-16
859-050-0005 Notice Written notice of hearings will be given to those indicated in ORS 161.346(5) and 161.326. (1) Those given notice under ORS 161.346(5) and 161.326 include the: (a) Person about whom the hearing is being conducted; (b) Attorney representing the person under PSRB jurisdiction; (c) District attorney; (d) Community supervisor or case monitor; (e) Court or department of the county from which the person was committed; (f) The victim, if the court or Board finds the victim requests notification; (g) Any other interested person requesting notification; (h) Forensic unit of Oregon State Hospital; (2) The written notice of hearings will contain the information specified in ORS 161.346, as follows: (a) The time, place, and location of the hearing; (b) The nature of the hearing and the specific action for which a hearing has been requested, the issues to be considered at the hearing and a reference to the particular sections of the statutes and rules involved; (c) A statement of the legal authority and jurisdiction under which the hearing is to be held; and (d) A statement outlining the following additional rights: (A) To appear at all proceedings held pursuant to this section, except for deliberations; (B) To cross-examine all witnesses appearing to testify at the hearing; (C) To subpoena witnesses and documents as provided in ORS 161.395; (D) To be represented by suitable legal counsel possessing skills and experience commensurate with the nature and complexity of the case, to consult with counsel prior to the hearing and, if financially eligible, to have suitable counsel appointed at state expense; and (E) To examine all information, documents and reports that the agency considers. If available to the agency at that time, the information, documents and reports will be disclosed to the person so as to allow examination prior to the hearing. (3) In order to reduce the waste associated with unnecessary paper use, the Board will deliver its hearings notices electronically. Those with a need for hard copies may request them from Board staff. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.346, ORS 161.326 & ORS 161.336 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-050-0010 Scheduling of Hearings (1) The scheduling of hearings will be driven by the statutory timelines found in ORS Chapter 161. (2) Hospital requests for conditional release hearings will generally be prioritized over other types of hearings. (3) Frequent docketing changes are common. For the most up-to-date information, Board staff should be contacted at least one day before the scheduled hearing. (4) The order of hearings on a given hearings day is generally not available until at least two (2) days before the hearing and is subject to change. (5) Victims, witnesses and interested parties are encouraged to notify Board staff immediately of hearings-day time constraints. The Board considers reasonable scheduling restrictions from victims, witnesses and the parties. Statutory/Other Authority: ORS 161.387 & 161.341 Statutes/Other Implemented: ORS 161.341 History: PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1995, f. & cert. ef. 1-11-95 PSRB 1-1988, f. & cert. ef. 4-1-88 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-050-0020 Chairperson Conducting Hearing During Board hearings, the Chairperson or acting Chairperson will preside. The Chairperson will designate the order of presentation and questioning. The Chairperson will also determine the scope of questioning and may set time limits and cut off irrelevant questions and irrelevant or unresponsive answers. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.385 History: PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-050-0025 Patient’s Right to Review Record; Exceptions Patients will receive written notice of hearings and directly, or through their attorneys, a statement of their rights in accordance with ORS 161.346. All exhibits to be considered by the Board will be disclosed to the patient attorney or the patient, if proceeding pro se, as soon as they are available: (1) Exhibits not available prior to the hearing will be made available to the patient's attorney or the patient, if not represented, at the hearing. (2) All material relevant and pertinent to the patient and issues before the Board will be made a part of the record. (3) Only evidence deemed admissible becomes part of the patient’s exhibit file. (4) Material that is not part of the patient’s exhibit file may not be releasable to the patient or to the parties unless authorized by the Board for good cause. The Board will review the material to determine if any administrative rule or law prohibits disclosure. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.346 History: PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-050-0030 Evidence Considered; Admissibility The Board will consider all material, relevant, and reliable evidence available to it. All evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs will be admissible, including, but not limited to, the following: (1) The record of trial. (2) Information supplied by the state's attorney or any interested party, including the patient. (3) Information concerning the patient’s mental condition, incident reports and monthly progress reports. (4) The patient’s entire psychiatric and criminal history, including motor vehicle records. (5) Jurisdictional reports ordered by the Board under ORS 161.346(3). (6) Jurisdictional reports under ORS 161.341(2), written by a person chosen by the state or the patient to examine the patient. (7) Testimony of witnesses. Statutory/Other Authority: ORS 161.387 Statutes/Other Implemented: ORS 161.336, ORS 161.341 & ORS 161.346 History: PSRB 1-2022, amend filed 01/13/2022, effective 01/13/2022 PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1985, f. 1-3-85, ef. 1-15-85
859-050-0035 Motion Practice Any party bringing a motion before the Board will submit it to the Board and the opposing party one week prior to the scheduled hearing date. This rule does not apply to requests for set-overs for good cause, or to requests for continuation. Statutory/Other Authority: ORS 161 Statutes/Other Implemented: ORS 161.346 History: PSRB 5-2016, f. & cert. ef. 3-17-16 PSRB 1-1985, f. 1-3-85, ef. 1-15-85