OAR 255-075-0035
Representation/Ability to Pay Attorney Fees

(1)

In all cases, the offender is entitled to representation by an attorney at the offender’s own expense.

(2)

For Board cases only, if the Hearings Officer or the Board deems the offender indigent, and unable to pay for an attorney, the offender is entitled to a Board appointed attorney if the Board or Hearings Officer further finds that the offender has made a timely and colorable claim that:

(a)

The offender has not committed the alleged violation;

(b)

There are substantial or complex mitigating circumstances which make revocation inappropriate even if the offender admits violation or it is a matter of record; or

(c)

The offender appears incapable of representing themself.

(3)

For Board cases only, after a Board member has approved findings that there is a timely and colorable claim, the Hearings Officer may appoint an attorney.

(4)

When the Hearings Officer or Board refuses to appoint an attorney, the Hearings Officer or Board shall state the grounds for refusal in the record.

(5)

For Local Supervisory Authority cases, the Local Supervisory Authority may set its own criteria for appointment of an attorney and shall set its own standards for payment of appointed attorneys.

Source: Rule 255-075-0035 — Representation/Ability to Pay Attorney Fees, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=255-075-0035 (accessed May 26, 2025).

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

May 26, 2025

Rule 255-075-0035's source at or​.us