OAR 291-105-0056
AIC Rights in Formal and Informal Hearings

(1) Hearing: The AIC shall be entitled to a hearing whenever a misconduct report has been filed. An AIC receiving a minor misconduct report shall not receive a formal hearing, unless specifically requested.

(2) Waiver of Hearing:

(a) The AIC may waive the right to a hearing. Waiver of the right must be made in writing, verbally, or through behavior and must be documented on the record. An AIC’s refusal to attend the hearing will constitute a waiver.

(b) If the AIC waives the right to a hearing, the case will be reviewed on its merits by the Hearings Officer or adjudicator in accordance with the procedures outlined in these rules.

(3) Notice of Hearing:

(a) The AIC shall be given written notice of the hearing no less than 24 hours prior to the hearing, unless the AIC consents to holding the hearing sooner.

(b) The notice shall include a statement of the AIC’s rights with respect to the hearing.

(4) Representation:

(a) In all cases, the AIC shall be entitled to:

(A) Provide a defense through written or oral testimony.

(B) Be present at all evidentiary stages of the hearing process, except when the Hearings Officer or adjudicator finds that to have the charged AIC present would constitute an immediate threat to facility security or the AIC’s behavior during the hearing warrants exclusion. The reason(s) for the finding shall be part of the record.

(C) AICs shall be excluded during the testimony of any witness whose testimony must be given in confidence. The reasons for the AIC’s absence or exclusion shall be made part of the record.

(b) Assistance by an employee, AIC, or other person approved by the Hearings Officer or adjudicator will be ordered in cases where it is found that assistance is necessary based upon language barriers or capacity to prepare a defense, to understand the charge, or surrounding facts, and rights available to the AIC.

(5) AICs shall be allowed to submit evidence, except when the Hearings Officer or adjudicator finds that to have the evidence present would constitute an immediate threat to a facility or not assist in the resolution of the hearing, as provided in OAR 291-105-0028 (Conduct of Formal Hearings) or OAR 291-105-0046 (Conduct of the Informal Hearings).

Source: Rule 291-105-0056 — AIC Rights in Formal and Informal Hearings, https://secure.sos.state.or.us/oard/view.action?ruleNumber=291-105-0056.

291–105–0005
Authority, Purpose and Policy 291–105–0010
Definitions 291–105–0013
AIC Access to the Rules of Prohibited Conduct 291–105–0015
Rules of Misconduct 291–105–0021
Procedures for Handling Misconduct by AICs 291–105–0026
Hearings Officers Responsibilities 291–105–0028
Conduct of Formal Hearings 291–105–0031
Processing of the Formal Record 291–105–0036
Preparation of the Formal Record 291–105–0041
Adjudicator Responsibilities 291–105–0046
Conduct of the Informal Hearings 291–105–0056
AIC Rights in Formal and Informal Hearings 291–105–0058
Investigations in Formal and Informal Hearings 291–105–0064
Postponements and Continuances of Hearings 291–105–0066
Principles of Application of Disciplinary Sanctions 291–105–0069
Additional Sanctions for Major Violations 291–105–0071
Additional Sanctions for Minor Violations 291–105–0072
Deviation Sanctions for Major Violations 291–105–0081
Adjustments to Final Orders 291–105–0085
Administrative Review 291–105–0100
Vacating or Withdrawing the Final Order in the Interest of Justice

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

OAR 291-105-0056 AIC Rights in Formal and Informal Hearings

OAR 291-105-0056
AIC Rights in Formal and Informal Hearings