Or. Admin. Code § 291-047-0065 - Representation

(1) In all cases, the inmate is entitled to:

(a) Speak in his or her own behalf;

(b) Be present at all stages of the hearing process, except when the hearings officer finds that to have the inmate present would present an immediate threat to facility security or safety of its staff or others. The reason(s) for the finding shall be part of the record.

(2) Assistance by a qualified and independent person approved by the hearings officer will be ordered upon a finding that assistance is necessary based upon the inmate's financial inability to provide an assistant, language barriers, or competence and capacity of the inmate to prepare a defense, to understand the proceedings, or to understand the rights available to him or her. An inmate subject to an administrative commitment hearing may not receive assistance from another inmate.

Notes

Or. Admin. Code § 291-047-0065

DOC 16-2005, f. 12-30-05, cert. ef. 1-1-06

Stat. Auth.: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005, Ch. 439

Stats. Implemented: ORS 179.040, 179.473, 179.475, 179.477, 179.478, 179.479, 423.020, 423.030 & 423.075, OL 2005, Ch. 439