OAR 255-087-0090
Final Decisions on Relief and Reclassification
(1)
The Board will make a final decision by reviewing the documents relied upon for the hearing, any relevant testimony at the hearing and all timely submitted relevant materials.(2) The Board shall enter an order relieving the person of the obligation to report as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) or 163A.020 (Reporting by sex offender upon moving into state) if the board determines, by clear and convincing evidence, that the registrant: is statistically unlikely to reoffend; and does not pose a threat to the safety of the public.
(3) The Board shall enter an order reclassifying a registrant from a level three sex offender to a level two sex offender, or from a level two sex offender to a level one sex offender, if the Board determines, in addition to the registrant’s lower risk of reoffending, that a lower level of notification is sufficient to protect public safety.
(4) Following the Board’s decision, the Board shall send notice of the Board’s final order to the registrant and board registered victims.
(5) If the petition is denied, the registrant may re-apply for eligibility to petition under OAR 255-087 after 36 months from the date of denial.
(6) If relief or reclassification is ordered, the Board will notify the Oregon Department of State Police of the final order.
Source:
Rule 255-087-0090 — Final Decisions on Relief and Reclassification, https://secure.sos.state.or.us/oard/view.action?ruleNumber=255-087-0090.