OAR 125-160-0910
Hearings Process
(1)
The Department shall designate as hearings officer any person trained in the hearings process. The hearings officer shall not have been a witness or had personal knowledge of any material, disputed fact of the case. He or she shall not have had another role in the case.(2)
The hearing shall be conducted at a time and place designated by the hearings officer and acceptable to Corrections. The hearing may be conducted by telephone or other means of communication.(3)
The hearings officer shall conduct the hearing as prescribed in ORS 183.415 (Notice of right to hearing) except as otherwise required in these rules.(4)
Prior to commencement of hearing, the Department or hearings officer shall:(a)
Inform party(s) to the hearing of the matters specified in ORS 183.413 (Notice to parties before hearing of rights and procedure)(2).(b)
Explain issues involved in the hearing and matters parties must prove or disprove under these rules.(5)
Making the reasons a part of the record, a hearing may be postponed by the hearings officer for good cause and for reasonable periods of time, consistent with these rules. Good cause includes, but is not limited to:(a)
Preparation or scheduling needs of the Department;(b)
Illness of the claimant;(c)
Unavailability of the claimant. Upon unavailability for 90 days, the hearings officer shall cancel the hearing and issue a recommendation to the Department that its decision should stand or the claim should be permanently terminated as abandoned.(d)
Avoiding interference with ongoing police investigation or pending prosecution.
Source:
Rule 125-160-0910 — Hearings Process, https://secure.sos.state.or.us/oard/view.action?ruleNumber=125-160-0910.