OAR 291-047-0095
Findings
(1)
No Justification: The hearings officer may find that the evidence does not support placement in a state mental hospital listed in ORS 426.010 (State hospitals for persons with mental illness) or a hospital or facility designated by the Department of Human Services, in which case the hearings officer will recommend that the inmate return to his or her former status with all rights and privileges of that status. The hearing record shall be processed with final action subject to review by the Superintendent/designee of the Oregon State Hospital. The findings must be on the merits. Technical or clerical errors in the writing or processing of the transfer request, or both, shall not be grounds for a no justification finding, unless there is substantial prejudice to the inmate.(2)
Justification: The hearings officer may find the evidence supports the inmate’s placement in a state mental hospital listed in ORS 426.010 (State hospitals for persons with mental illness) or a hospital or facility designated by the Department of Human Services, in which case the hearings officer will so inform the inmate and recommend that the inmate’s administrative commitment exceed 30 days. The hearing record shall be processed with final action subject to review by the Superintendent/designee of the Oregon State Hospital. An inmate’s administrative commitment to a state mental hospital shall not exceed 180 days unless the commitment is renewed in a subsequent administrative hearing in accordance with these rules.
Source:
Rule 291-047-0095 — Findings, https://secure.sos.state.or.us/oard/view.action?ruleNumber=291-047-0095.