OAR 255-075-0026
Waiver of Hearing

(1)

In all cases, the offender may waive the right to a hearing by signing a Notice of Rights form. A refusal to participate in the hearings process shall also constitute a waiver of the right to a hearing.

(2)

When the purpose of a hearing is to consider a parole or post-prison supervision violation, the waiver of the right to a hearing acknowledges that the offender violated the conditions in whole or in part and that the Sanction Authority may order local sanctions, may modify conditions of supervision may extend active supervision or that the Board may order return to prison, without further hearing.

(3)

When the purpose of the hearing is to modify parole or post-prison supervision conditions or, in the case of parole, to consider extending active supervision, the waiver of the hearing indicates acceptance of the modifications.

(4)

If the offender waives the right to a hearing, the offender may offer a written or verbal statement pertaining to the dispositional phase of the violation hearing.

(5)

If the hearing is conducted via teleconference or video conference, the offender shall submit written waiver of the right to a hearing to the Hearings Officer within five (5) days after the waiver.

(6)

The person delivering the Notice of Rights shall tape record or document in writing any statement made at the time of waiver.

(7)

If the offender waives the right to a hearing, the Hearings Officer or Supervising Officer shall submit to the Sanction Authority the following:

(a)

A Notice of Rights form;

(b)

Any written offender statements and/or a summary of oral statements;

(c)

The Hearing Summary, including a history of local interventions and sanctions ordered and a recommendation regarding disposition;

(d)

Any supporting information, including the supervising officer’s report and other documentary evidence submitted.

Source: Rule 255-075-0026 — Waiver of Hearing, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=255-075-0026.

255‑075‑0001
Definitions 255‑075‑0002
Suspension of Parole or Post-Prison Supervision 255‑075‑0003
Criteria for Allowing Offender to Remain in Community Pending Hearing 255‑075‑0004
Guidelines for “Best Interest” Return 255‑075‑0005
Hearing Requirement: Procedure 255‑075‑0006
Method of Hearing 255‑075‑0007
Designated Representative Conducts Hearing 255‑075‑0015
When Offender in Another Jurisdiction: Return 255‑075‑0025
Rights at Hearing 255‑075‑0026
Waiver of Hearing 255‑075‑0030
Board Rejection of Waiver 255‑075‑0031
Hearings Process 255‑075‑0035
Representation/Ability to Pay Attorney Fees 255‑075‑0036
Board Subpoenas 255‑075‑0040
Compelling of Witnesses: Contempt 255‑075‑0042
Probable Cause 255‑075‑0045
Evidence 255‑075‑0046
Postponement 255‑075‑0055
Reopening Hearings: Criteria 255‑075‑0056
Hearings Record 255‑075‑0065
Ten Day Period for Offender’s Evidence and Exceptions 255‑075‑0067
Final Action: Authority to Impose Administrative (Local) Sanctions, Revoke Supervision or Modify Conditions of Supervision 255‑075‑0070
Final Action: Procedure 255‑075‑0072
Re-release Order After Revocation 255‑075‑0073
Return to DOC for a Period of Greater than 12 Months 255‑075‑0075
Parolees/Offenders Convicted of New Crime in This or Another Jurisdiction 255‑075‑0078
Commencement Date for Prison Term Following a Violation 255‑075‑0079
Guidelines for Re-release 255‑075‑0080
Continuance on Parole or Supervision 255‑075‑0096
Denial of Rerelease Consideration 255‑075‑0097
Time for Future Disposition Hearing 255‑075‑0098
Restoration of Statutory and Meritorious Goodtime 255‑075‑0100
Future Disposition Hearing Packet
Last Updated

Jun. 8, 2021

Rule 255-075-0026’s source at or​.us