reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 560 - HEARINGS BEFORE THE JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-560-0010 - Primary Concern: Protection of Society

Current through Register Vol. 63, No. 7, July 1, 2024
In determining whether a youth should be committed to a state
				secure facility, conditionally released or discharged, the Board shall have as
				its primary concern the protection of society. In considering the issue of
				dangerousness, the Board may hear testimony on whether the youth's qualifying
				mental disorder may, with reasonable medical probability, occasionally become
				active, and when active, render the youth a danger to others. The Board shall
				not discharge a youth for whom there is a finding of
				dangerousness.
Statutory/Other Authority: ORS
				  161.387  & ORS
				  419C.533
Statutes/Other Implemented: ORS
				  161.336,
				  161.341,
				  161.346,
				  161.351,
				  419C.532,
				  419C.538  & 419C.540
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 560 - HEARINGS BEFORE THE JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-560-0015 - Issues and Findings to Be Addressed At Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Issues To Be Addressed At Hearings:
(a) At each and every hearing before the
			 Board, the Board shall determine whether the youth is affected by a serious
			 mental condition or a qualifying mental disorder and presents a substantial
			 danger to others, whether the youth can be adequately controlled in the
			 community with treatment and supervision, and whether the necessary supervision
			 and treatment services are available.
(b) At a revocation hearing, the Board shall
			 determine whether the revocation was appropriate based on the reasonable
			 grounds listed in OAR 859-580-0010  and whether the youth may be continued on
			 conditional release or should be committed to a secure facility.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 560 - HEARINGS BEFORE THE JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-560-0045 - Mandatory Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
The Board shall have periodic mandatory hearings for all youth
				pursuant to ORS chapter 419C; annually for youth residing in a secure child or
				adolescent inpatient program and every 3 years for a youth on conditional
				release.
(1) In both of these types of
			 hearings:
(a) Youth shall not be allowed to
			 waive this hearing;
(b) If the
			 youth refuses to attend, the Board shall proceed with the hearing in the
			 youth's absence after ascertaining that the youth has received proper notice
			 and is knowingly absenting himself or herself.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 560 - HEARINGS BEFORE THE JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD › Section 859-560-0050 - Status Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board
			 may hold a hearing on its own motion at any time to review the status of a
			 youth to determine whether modification, revocation, any other change in
			 conditional release or a status is warranted.
(2) The Board may order the youth to appear
			 at a status hearing.
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.336,
				  161.346,
				  419C.532,
				  419C.538,
				  419C.540,
				  419C.542,
				  419C.544
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 570 - CONDITIONAL RELEASE OF YOUTHS › Section 859-570-0005 - Cases of Court Conditional Release

Current through Register Vol. 63, No. 7, July 1, 2024
Upon receipt of the judgment order where the court has placed
				the youth on conditional release, the Board shall review each court conditional
				release file at a full hearing. In those cases the Board may:
(1) Issue an order continuing the court order
			 of conditional release when all the elements of the conditional release plan
			 are in accordance with procedures set forth in Division 570.
(2) Issue a modification of the court order
			 of conditional release when, upon review, the conditional release plan has
			 changed, has not been set out in sufficient detail or requires additional
			 conditions.
(3) Issue an order of
			 revocation in accordance with provisions set forth in Division 580.
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.327,
				  161.332,
				  161.336,
				  161.346,
				  419C.520,
				  419C.529,
				  419C.532,
				  419C.538,
				  419C.540
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 570 - CONDITIONAL RELEASE OF YOUTHS › Section 859-570-0015 - Board Order of Conditional Release

Current through Register Vol. 63, No. 7, July 1, 2024
If the Board finds the youth may be treated and controlled in
				the community and a verified conditional release plan is approved by the Board,
				the Board may order the youth placed on conditional release. In making that
				determination, the Board may consider the testimony and exhibits at the hearing
				regarding the youth's behavior in the secure facility including the youth's
				progress, insight and responsibility taken for the youth's own
				behavior.
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.332,
				  161.336,
				  161.346,
				  161.390,
				  419C.520,
				  419C.532,
				  419C.538,
				  419C.540
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 570 - CONDITIONAL RELEASE OF YOUTHS › Section 859-570-0020 - Conditional Release Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Board shall impose any or all of the following elements in a conditional
			 release plan that are appropriate and necessary to insure the safety of the
			 public:
(a) Housing: must be available for
			 the youth and may include 24-hour staffed housing, a supervised group home,
			 foster care, supported housing, housing with relatives or independent
			 housing;
(b) Mental health
			 treatment: which may include individual and/or group counseling as well as
			 medication management;
(c)
			 Substance abuse treatment: which may include random urinalysis and attendance
			 at self-help groups;
(d) Structured
			 activity: such as schooling or employment;
(e) Monitoring and supervision: which shall
			 include home visits;
(d) Other
			 conditions including, but not limited to, prohibition of the consumption of
			 alcohol and non-prescribed drugs; observation by a designated individual of
			 each ingestion of medication; sex offender assessment and treatment; and
			 prohibition against driving.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 570 - CONDITIONAL RELEASE OF YOUTHS › Section 859-570-0025 - Modification Of/Discharge From Conditional Release

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Modification. Modification of an order of
			 conditional release may be proposed by the youth, the person supervising the
			 youth, or staff of the mental health facility providing treatment to the youth,
			 or the Board on its own motion upon a review of the status of the youth.
(a) Modifications of conditional release may
			 be considered by the Board at a hearing after giving proper notice.
(b) The individual designated by the Board as
			 having primary reporting responsibility shall provide the Board with a written
			 summary of the youth's progress which shall include the specific nature of the
			 request for modification, evidence of recent behavior supporting the
			 modification, and any evidence of recent behaviors that would not support
			 modification, as well as what precautions will be taken to off-set any changes
			 in plan.
(c) If the Board considers
			 the request for modification at a full hearing, the designated individual
			 having primary reporting responsibility shall be available to testify, in
			 person, if possible, or telephonically on these issues at the Board hearing.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 570 - CONDITIONAL RELEASE OF YOUTHS › Section 859-570-0030 - Evaluation and Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 570 - CONDITIONAL RELEASE OF YOUTHS › Section 859-570-0035 - Out-of-State Conditional Release Order

Current through Register Vol. 63, No. 7, July 1, 2024
The Board may consider and approve a conditional release plan
				to have the youth reside out of state.
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.332,
				  161.336,
				  161.346,
				  161.390,
				  419C.520,
				  419C.529,
				  419C.532,
				  419C.538
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 580 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD ORDER OF REVOCATION › Section 859-580-0005 - Revocation of Conditional Release/Affidavit

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.336,
				  419C.538
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 580 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD ORDER OF REVOCATION › Section 859-580-0010 - Reasonable Grounds for Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.336; ORS
				  161.346; ORS
				  419C.532; ORS
				  419C.538
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 580 - JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD ORDER OF REVOCATION › Section 859-580-0015 - Post-Revocation Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.336,
				  419C.532
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 590 - RECONSIDERATION OF JUVENILE PSYCHIATRIC SECURITY REVIEW BOARD FINDINGS › Section 859-590-0005 - Reconsideration

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 600 - RESPONSIBILITY OF STATE AND COMMUNITY MENTAL HEALTH YOUTH PROGRAMS AND DEVELOPMENTAL DISABILITIES YOUTH PROGRAMS › Section 859-600-0005 - Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
State and/or local mental health and developmentally disabled
				programs shall comply with any order of the Board.
Stat. Auth.: ORS 137, 161, 192, 428
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.336,
				  161.346,
				  419C.532,
				  419C.538,
				  419C.540
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 600 - RESPONSIBILITY OF STATE AND COMMUNITY MENTAL HEALTH YOUTH PROGRAMS AND DEVELOPMENTAL DISABILITIES YOUTH PROGRAMS › Section 859-600-0020 - Discharge

Current through Register Vol. 63, No. 7, July 1, 2024
The Department of Human Services and Oregon Health Authority is
				responsible for preparation of discharge plans as specified in ORS
				161.390(2).
Stat. Auth.: ORS
				  161.387, OL 2007, Ch. 889 §
				  6 (SB 328)
Stats. Implemented: ORS
				  161.336,
				  161.390,
				  419C.538
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 600 - RESPONSIBILITY OF STATE AND COMMUNITY MENTAL HEALTH YOUTH PROGRAMS AND DEVELOPMENTAL DISABILITIES YOUTH PROGRAMS › Section 859-600-0025 - Leaves and Passes

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD › Division 600 - RESPONSIBILITY OF STATE AND COMMUNITY MENTAL HEALTH YOUTH PROGRAMS AND DEVELOPMENTAL DISABILITIES YOUTH PROGRAMS › Section 859-600-0030 - Emergency Move Exceptions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0000 - Applicability and Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  756.040 &
				  756.500 -
				  756.575
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  756.040 &
				  756.500 -
				  756.575
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0020 - Hours of Operation, Location, and Contact Information

Current through Register Vol. 63, No. 7, July 1, 2024
(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: 3930 Fairview
			 Industrial Drive SE, Salem, OR 97302
(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.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0030 - Notice of Commission Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0040 - Commission Publications

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  192.420-192.505,
				  756.040 &
				  756.325
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0050 - Late Fees and Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0060 - Public Records Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule governs requests for access to the Commission's public records under
			 the Public Records Law, ORS
			 192.311 through
			 192.478.
(2) A person may request access to the
			 Commission's public records through its public records request platform found
			 on the Commission's website. After receiving a request, the Commission will
			 make public records available for inspection during regular business hours
			 unless the records are exempt from disclosure by law.
(a) The Commission may condition the time and
			 manner of inspection of public records as necessary to protect the records and
			 to prevent interference with the regular discharge of the duties of the
			 Commission and its employees.
(b)
			 The request must be sufficiently specific to allow the Commission to readily
			 identify the document or other material that contains the requested
			 information. The Commission prefers and may require that a request for public
			 records be made in writing through its public records request platform
			 available on its website or at
https://oregonpuc.govqa.us/WEBAPP/_rs/S(jxvvr34klemgj1vst5ll1aio))/SupportHome.aspx
.
(c) The request must specify the format
			 requested for copies and the date, if any, by which the records are needed. The
			 Commission may provide the information in a format different than requested or
			 provide the information after the requested date if it is impractical to comply
			 with the requests.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0070 - Confidential Information

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  192.420-192.505, &
				  756.040
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0080 - Protective Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Protective
			 Orders. The Commission's protective orders govern the access and use of
			 protected information in Commission proceedings. The purpose of a protective
			 order is to allow parties the ability to review protected information while
			 ensuring that it is not disclosed publicly. A general protective order sets
			 forth the processes for a person to become qualified to access protected
			 information, to designate and handle protected information, and to challenge
			 the designation of protected information. For good cause shown, a modified
			 protective order may include specialized restrictions on access to certain
			 highly protected information.
(2)
			 General Protective Order. A party may file a motion for a general protective
			 order when it expects a filing or discovery will involve information that falls
			 within the scope of ORCP 36(C)(1). The general protective order, as adopted by
			 the Commission, is available on the Commission's website and by request from
			 the Administrative Hearings Division.
(a) The
			 motion for a general protective order must be made in writing unless otherwise
			 allowed by the Commission or ALJ consistent with OAR 860-001-0420(1).
(b) An ALJ may issue a general protective
			 order immediately upon receipt of the motion to facilitate filing of protected
			 information and discovery. Pending the ALJ's issuance of a general protective
			 order, the information at issue need not be released.
(c) The general protective order sets forth
			 the processes for parties to dispute a proposed signatory to a protective order
			 or to challenge the designation of specific information as protected.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0090 - Delegation of Authority to Administrative Law Judge

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0100 - Impartiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An ALJ may be
			 disqualified from presiding over specific proceedings for the same reasons and
			 under the same circumstances as specified in JR 2-106 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.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  756.040,
				  756.055 &
				  756.500 -
				  756.575
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0110 - Appeal to the Commission from Ruling of Administrative Law Judge

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0120 - Grant Eligibility (Precertification and Case Certification)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under ORS
			 757.072, a utility providing
			 electricity or natural gas may enter into a written agreement to provide
			 financial assistance to an organization that represents broad customer
			 interests in Commission proceedings.
(2) Upon Commission approval of an agreement,
			 the Commission will apply the qualifications in this rule to determine whether
			 an organization is eligible for a grant of financial assistance. Only parties
			 that are precertified or parties that become case certified for particular
			 proceedings are eligible to receive grants under an agreement. The terms of an
			 agreement are binding on all organizations seeking a grant under that agreement
			 and will be followed by the Commission in administering the agreement. Once
			 precertified, an organization remains precertified unless the Commission
			 decertifies the organization under OAR 860-001-0130.
(3) An agreement may allow organizations to
			 seek precertification as eligible to receive grants. The Commission will
			 precertify only organizations meeting the following criteria:
(a) The Citizens' Utility Board of Oregon
			 (CUB), as a representative of residential customers; or
(b) Nonprofit organizations that meet the
			 following criteria:
(A) A primary purpose of
			 the organization is to represent utility customers' interests on an ongoing
			 basis;
(B) The organization
			 represents the interests of a broad class of customers and those interests are
			 primarily directed at public utility rates or terms and conditions of service
			 affecting those customers, and not narrow interests or issues that are
			 ancillary to the representation of those customers as consumers of utility
			 services;
(C) The organization
			 demonstrates that it is able to effectively represent the particular class of
			 customers it seeks to represent;
(D) The organization's members are customers
			 of one or more of the utilities that are parties to the applicable agreement
			 and contribute a significant portion of the overall support and funding of the
			 organization's activities in the state; and
(E) The organization has demonstrated in past
			 Commission proceedings the ability to substantively contribute to the record on
			 behalf of customer interests.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0130 - Termination of Eligibility; Decertification

Current through Register Vol. 63, No. 7, July 1, 2024
(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).
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0140 - General

Current through Register Vol. 63, No. 7, July 1, 2024
(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, 3930 Fairview Industrial Drive SE, Salem, OR
			 97302.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0150 - Filing Dates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 modified by statute or by the rules in this division, a document is filed on
			 the date received by the Commission at Salem, Oregon, between the hours of 8
			 a.m. and 5 p.m., Pacific Time.
(2)
			 The period of time for doing an act governed by these rules is determined by
			 excluding the first day and including the last day. For example, if a motion is
			 filed on September 18, then any response (due 15 days after filing of the
			 motion) must be filed by October 3. If the due date falls on a Saturday,
			 Sunday, legal holiday as defined in ORS
			 187.010, or when the Commission
			 office is closed by a Department of Administrative Services directive, then the
			 filing is due on the next business day.
(3) Filings that are incomplete or not in
			 substantial compliance with these rules, Commission orders, ALJ rulings, or
			 statutes may be declined or conditionally accepted. The Commission must provide
			 the reason for declining or conditionally accepting a filing to the filer.
(4) Documents required to be filed
			 within a specified time but that fail to substantially comply with these rules
			 may be accepted as conditionally received to meet the filing deadline.
(5) Conditionally received filings
			 are not considered officially filed until brought into substantial compliance
			 with these rules, the Commission's orders, ALJ rulings, and statutes.
			 Conditionally received filings may be rejected unless brought into compliance
			 within one business day of notice of the deficiency. A filer must file an
			 amended or corrected filing to bring a conditionally accepted filing into
			 compliance.
Stat. Auth.: ORS
				  756.040 &
				  756.060
Stats. Implemented: ORS
				  756.040 &
				  756.500 -
				  756.575
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0160 - Filing Requirements in Rulemaking Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Written comments on proposed rules and
			 other documents submitted in rulemaking proceedings must be filed with the
			 Filing Center at the address listed in OAR 860-001-0140. Filing by electronic
			 mail is preferred, but physical documents will be accepted.
(a) To be considered by the Commission, a
			 document must be received by the deadline for the submission of written
			 comments specified in the notice of proposed rulemaking.
(b) Documents must include the docket number
			 assigned by the Commission to the rulemaking proceedings.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0180 - Service in Contested Case and Declaratory Ruling Proceedings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission
			 maintains an official service list for each contested case and declaratory
			 ruling proceeding. The service list is posted on the Commission's website or
			 may be obtained by contacting the Filing Center.
(a) Each party must identify at least one
			 party representative to receive service, and may identify no more than three
			 party representatives to receive service.
(b) Parties may designate party
			 representatives in an initiating pleading, petition to intervene, or separate
			 document. Parties must notify the Filing Center in writing of any change in
			 contact information.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0200 - Public Participation

Current through Register Vol. 63, No. 7, July 1, 2024
The Commission may informally seek public input before giving
				notice of intent to adopt, amend, or repeal a rule. A person may request to be
				notified of informal opportunities for public input by requesting to be placed
				on a notification list described in OAR 860-001-0030(1)(b).
Stat. Auth.: ORS
				  183.341,
				  756.040,
				  756.060
Stats. Implemented: ORS
				  183.335 -
				  183.355 &
				  756.040
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0210 - Permanent Rulemaking Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Commission will give notice of a proposed permanent rulemaking by:
(a) Publishing notice of the rulemaking in
			 the Secretary of State's Oregon Bulletin; and
(b) Mailing, electronically mailing, or
			 personally delivering a copy of the proposed rule and a copy of the Secretary
			 of State notice to persons on the Commission's applicable rulemaking
			 notification lists and legislators specified in ORS
			 183.335(15).
			 Instead of providing a copy of the proposed rule, the Commission may provide a
			 summary of the rule and explain how to obtain a copy by mail, electronic mail,
			 or from a specified website.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0220 - Conduct of Rulemaking Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All persons wanting to comment during a
			 rulemaking hearing must provide their name, address, and affiliation. The ALJ
			 may also require that additional information be provided. Additional persons
			 may be heard at the discretion of the ALJ.
(2) The ALJ may question any person
			 commenting at the hearing. The ALJ may also permit other persons to question
			 the person commenting.
(3) A person
			 may present comments once during the hearing unless otherwise requested or
			 permitted by the ALJ.
(4) The
			 hearing may be continued with recesses as determined by the ALJ until all
			 persons have had an opportunity to offer comments.
(5) The ALJ must, when practicable, receive
			 all physical and documentary information presented by persons offering
			 comments.
(6) The ALJ may set
			 reasonable time limits for oral presentation and may exclude or limit
			 cumulative, repetitious, or immaterial comments.
(7) The ALJ must make a record of the
			 proceeding by audio or video tape recording, stenographic reporting, or
			 minutes.
Stat. Auth.: ORS
				  183.341,
				  756.040,
				  756.060
Stats. Implemented: ORS
				  183.335 -
				  183.355 &
				  756.040
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0230 - Rulemaking Record

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Commission must maintain a record of comments it receives in response to a
			 notice of intent to adopt, amend, or repeal a rule filed under OAR
			 860-001-0210.
(2) The rulemaking
			 record is maintained by the rules coordinator. The Commission must make the
			 rulemaking record available to members of the public upon request.
(3) The rulemaking record must include:
(a) Any written and oral comments received in
			 response to the notice of proposed rulemaking;
(b) The required rulemaking documents filed
			 with the Secretary of State; and
(c) A copy of the proposed rule.
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0240 - Rulemaking Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the
			 conclusion of the hearing or after the last date for submitting comments, the
			 Commission may adopt, amend, or repeal rules covered by the notice of proposed
			 rulemaking. The Commission must fully consider all written and oral
			 comments.
(2) The Commission must
			 file a certified copy of each adopted or amended rule and each order repealing
			 a rule with the Secretary of State.
(3) The rule is effective upon filing with
			 the Secretary of State unless a different effective date is specified in the
			 rule.
(4) Within 10 days of filing
			 with Secretary of State, the Commission must submit a copy of each adopted or
			 amended rule or order appealing a rule to the Legislative Counsel as set forth
			 in ORS 183.715.
Stat. Auth.: ORS
				  183.341,
				  756.040,
				  756.060
Stats. Implemented: ORS
				  183.335 -
				  183.355 &
				  756.040
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0250 - Petition to Promulgate, Amend, or Repeal Rule

Current through Register Vol. 63, No. 7, July 1, 2024
A person may petition the Commission to promulgate, amend, or
				repeal a rule. A petition to promulgate, amend, or repeal a rule must comply
				with OAR 137-001-0070.
Stat. Auth.: ORS
				  183.341,
				  756.040,
				  756.060
Stats. Implemented: ORS
				  183.390 &
				  756.040
Oregon Administrative Rules › Chapter 860 - PUBLIC UTILITY COMMISSION › Division 1 - GENERAL › Section 860-001-0260 - Temporary Rulemaking

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under
			 ORS 183.335(5), the
			 Commission may temporarily adopt, amend, or suspend a rule without prior notice
			 of hearing or on abbreviated notice of hearing. If no notice is provided before
			 adoption of a temporary rule, then the Commission must give notice of its
			 temporary rulemaking as specified in ORS
			 183.335(1) by
			 mailing, electronically mailing, or personally delivering a copy of the rule as
			 adopted and a copy of the statements required under ORS
			 183.335(5).
			 Instead of providing a copy of the temporary rule, the Commission may provide a
			 summary of the temporary rule and explain how to obtain a copy by mail,
			 electronic mail, or from a specified website.
(2) The agency must file with the Secretary
			 of State a certified copy of the temporary rule and a copy of the statement
			 required by ORS 183.335(5).
(3) A temporary rule is effective for 180
			 days unless a shorter period is specified in the temporary rule or the
			 certificate of filing for the temporary rule.
Stat. Auth.: ORS
				  183.341,
				  756.040,
				  756.060
Stats. Implemented: ORS
				  183.335 -
				  183.355 &
				  756.040