Or. Admin. Code § 309-120-0220 - Representation
(1) In all cases,
the adult in custody is entitled to:
(a) Speak
in his or her own behalf; and
(b)
Be present at all stages of the hearings process, except when the hearings
officer finds that to have the adult in custody 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 adult in custody's financial inability
to provide an assistant, language barriers, or competence and capacity of the
adult in custody to prepare a defense, to understand the proceedings, or to
understand the rights available to him or her. An adult in custody who is
subject to an administrative commitment hearing may not receive assistance from
another adult in custody.
Notes
Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042
Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508
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