Or. Admin. Code § 255-033-0040 - Hearing Protocols
(1)
Manner of Hearing
(a) The proceedings shall be
governed by the hearings procedures outlined in Oregon Administrative Rule 255,
Division 30; 255-030-0013, 255-030-0021, 255-030-0023, 255-030-0025,
255-030-0026, 255-030-0027, 255-030-0032, 255-030-0040, and
255-030-0046.
(b) Nothing in this
OAR is to be construed as limiting a right a victim would have at this hearing
under the United States and Oregon Constitutions, any Oregon statute, including
ORS 144.750, or any Oregon administrative rule.
(c) The Board shall provide notice of the
hearing to:
(A) The district attorney of the
county in which the person was convicted; and
(B) The victim of any offense for which the
person is serving a sentence if the victim requests to be notified and
furnishes the board with a current address.
(d) At the hearing, the AIC has:
(A) the burden of proving by a preponderance
of the evidence that the person has demonstrated maturity and rehabilitation
based on consideration of the age and immaturity of the person at the time of
the offense, and the person's behavior thereafter; and
(B) the right to counsel, including counsel
appointed at board expense, at a hearing.
(e) The testimony of each witness shall not
exceed 10 minutes. The presiding Board member may grant the witness additional
time upon a finding that further testimony is likely to be relevant to the
Board's decision.
Notes
To view attachments referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 144.397
Statutes/Other Implemented: ORS 144.397
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.