Or. Admin. Code § 291-105-0026 - Hearings Officers Responsibilities
(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?
(8) If an evaluation is not provided by
Behavioral Health Services prior to the AIC's hearing, the Hearings Officer may
request an evaluation be completed on the AIC prior to disposition of the
hearing.
Notes
Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075
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