OAR 291-105-0064
Postponements and Continuances of Hearings

(1) A hearing may be postponed or continued by the Hearings Officer or the adjudicator for a reasonable period of time for good cause.

(2) “Good cause” includes, but is not limited to:

(a) Preparation of defense; or

(b) Illness or unavailability of the AIC charged; or

(c) Gathering of additional evidence (for example, calling of witnesses, gathering of witness statements, investigation, acquisition of physical evidence); or

(d) Avoiding interference with an ongoing police investigation or pending prosecution; or

(e) Determination of appropriate sanctions.

(3) The reason for the postponement in a formal hearing shall be made part of the record.

(4) If an AIC has been placed on disciplinary segregation status pending a hearing and a continuance or postponement is ordered on the motion of the Hearings Officer, the Hearings Officer shall consider retention of the AIC on disciplinary segregation status and:

(a) Determine that the AIC no longer presents a threat to security and recommend to the functional unit manager or designee of the facility where the AIC is on disciplinary segregation status, that the AIC be released from disciplinary segregation status pending conclusion of the hearing; or

(b) Determine that the rule violation(s) alleged is so serious that, if proven, the AIC would present an immediate and continuing threat to the safety, security, or orderly operation of the facility. The Hearings Officer will recommend to the functional unit manager or designee of the facility where the AIC is on disciplinary segregation status that the AIC be retained on disciplinary segregation status. The written approval of the functional unit manager or designee of the facility where the AIC is on disciplinary segregation status shall be made a part of the record. The AIC may be retained on disciplinary segregation status for a period no longer than allowed for the alleged rule violation(s). In no case shall an AIC be retained on disciplinary segregation status for a period in excess of 180 consecutive days.

(5) If an AIC has been placed on disciplinary segregation status pending a hearing and a continuance or postponement is requested by the AIC, the Hearings Officer shall not consider retention of the AIC on disciplinary segregation status; the AIC will be retained on disciplinary segregation status. The AIC will be retained on disciplinary segregation status for a period no longer than allowed for the alleged rule violation(s). The AIC may not be retained on disciplinary segregation status under this provision for more than 180 days.

Source: Rule 291-105-0064 — Postponements and Continuances of Hearings, https://secure.sos.state.or.us/oard/view.action?ruleNumber=291-105-0064.

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 291-105-0064 Postponements and Continuances of Hearings

OAR 291-105-0064
Postponements and Continuances of Hearings