Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 105 - PROHIBITED CONDUCT AND PROCESSING DISCIPLINARY ACTIONS › Section 291-105-0026 - Hearings Officers Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless waived by the AIC, a formal
			 hearing shall be conducted by the Hearings Officer on all misconduct reports
			 charging a major rule violation(s) and included minor violation(s), and on all
			 misconduct reports charging a minor rule violation(s) for which an AIC requests
			 a formal hearing. Requests for a formal hearing for a misconduct report
			 charging a minor rule violation(s) should be submitted to the adjudicator in
			 writing in advance of the informal hearing or made verbally prior to the start
			 of the informal hearing at the latest.
(2) Prior to the formal hearing, the Hearings
			 Officer shall review the misconduct report alleging major rule violation(s). If
			 there is no prima facie case for a major rule violation, the Hearings Officer
			 may dismiss the major violation(s) and refer the minor violations back to the
			 adjudicator for an informal hearing. The Hearings Officer may substitute minor
			 violations as lesser included violations.
(3) The Hearings Officer shall not have been
			 a witness to the event or alleged conduct that gives rise to the misconduct
			 report or have participated in the case as a charging or investigating
			 officer.
(4) The Hearings Officer
			 will conduct the hearing and shall decide, based upon the evidence, whether the
			 AIC has violated the rule(s) as charged in the misconduct report. The Hearings
			 Officer may not add or change the violation(s) in the misconduct report. The
			 Hearings Officer may find for a lesser included violation or refer for less
			 formal disciplinary action.
(5) The
			 Hearings Officer may dismiss any alleged rule violation at any stage of the
			 proceedings, with or without prejudice, stating in writing the reason for the
			 dismissal. Any alleged rule violation dismissed without prejudice or due to
			 insufficient evidence may be resubmitted in another misconduct report utilizing
			 the same process as provided in OAR
			 291-105-0021(2).
(6) The Hearings Officer or other employees
			 as requested by the Hearings Officer shall report disciplinary actions which
			 involve security threat activity to the facility's Officer-in-Charge or
			 security threat manager and a Suspected Security Threat Intelligence Report
			 (SSTIR) shall be completed.
(7)
			 Behavioral Health Services will be notified when an AIC receives a misconduct
			 report or is placed in disciplinary segregation if that AIC has a mental health
			 concern or intellectual disability that makes the AIC eligible to receive
			 services (coded as MH2, MH3, DD2, or DD3) or if that AIC has engaged in
			 self-harm activity or a suicide attempt.
(a)
			 Behavioral Health Services will then determine whether an evaluation shall be
			 submitted to the Hearings Unit in the institution housing the AIC.
(b) If an evaluation is to be provided,
			 Behavioral Health Services will submit the evaluation to the Hearings Unit
			 within two working days of receiving notification or submit a postponement
			 request to complete the evaluation. Behavioral Health Services will include the
			 timeline for submission of the postponed evaluation.
(c) The Hearings Officer will postpone the
			 hearing, as requested, to ensure that such an evaluation is considered in the
			 case at issue.
(d) The evaluation
			 shall address the following questions:
(A) Did
			 this AIC's actions constitute an act of self-harm?
(B) Does this AIC have a Serious Mental
			 Illness?
(C) Does the AIC have
			 significant functional impairments?