Or. Admin. Code § 309-120-0235 - Documents/Reports

(1) An adult in custody may present documents or reports during the hearing, subject to the exclusion and restrictions provided in these rules.

(2) The reporting employee or other agents of the Department of Corrections or Oregon Health Authority who are knowledgeable may submit to the hearings officer documents or reports in advance of the hearing that are being relied upon for the administrative commitment or extension of the transfer. Such evidence must be disclosed to the adult in custody during the hearing.

(3) The hearings officer may exclude documents or other evidence upon finding that such evidence would not assist in the resolution of the proceeding, or that such evidence would present an undue risk to the safety, security, and orderly operation of the facility. The reason(s) for exclusion shall be made part of the record.

(4) Notwithstanding subsection (2) of this rule, the hearings officer may classify documents or other evidence as confidential, and not disclose such evidence to the adult in custody, upon finding that disclosure of psychiatric or psychological information would constitute a danger to another individual, compromise the privacy of a confidential source, or would constitute an immediate and grave detriment to the treatment of the individual, if medically contraindicated by the treating physician or a licensed health care professional in the written account of the adult in custody. The reason(s) for classifying documents or other evidence as confidential shall be made part of the record.

Notes

Or. Admin. Code § 309-120-0235

MHD 10-2005, f. 12-29-05, cert. ef. 1-1-06; BHS 25-2023, minor correction filed 07/11/2023, effective 7/11/2023

Statutory/Other Authority: ORS 179.040, 179.473, 179.479 & 413.042

Statutes/Other Implemented: ORS 179.471-179.486 & 179.495-179.508