OAR 859-200-0045
Records

(1)

A record shall be kept of all hearings conducted by the Board related to extremely dangerous persons with mental illness under its jurisdiction. The Board shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the Board.

(2)

All PSRB hearings, except Panel deliberations, shall be recorded by manual and/or electronic means which can be transcribed. No other record of Panel hearings shall be made. All documents considered at hearings shall be included as exhibits and kept as part of the record. Any material to which an objection is sustained shall not be considered by the Panel. All objections, motions and rulings shall be noted on the record.

(3)

Electronic recordings capable of being transcribed shall be kept by the Board for a minimum period of five years from the hearing date. Recordings shall be transcribed from the recording when an appeal is filed unless the Appeals Court authorizes submission of the hearing recording in lieu of a transcript. Once transcribed, the transcript may be substituted for the original record.

(4)

Upon request by a party or a party’s attorney, the copy of the electronic recording of the proceedings may be made available at a cost of $5.00. The Board’s Executive Director may waive this fee on a case-by-case basis.

(5)

Electronic recordings of a hearing, exhibits, or other documents or other information related to the civil commitment of extremely dangerous persons with mental illness are subject to applicable state and federal confidentiality protections, including but not limited to ORS 192.501 through ORS 192.505.

Source: Rule 859-200-0045 — Records, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=859-200-0045.

859–200–0005
Background and Purpose of Extremely Dangerous Civil Commitment Program 859–200–0010
Rules Applicability 859–200–0015
Copies 859–200–0020
Definitions 859–200–0025
Responsibilities of the PSRB regarding Extremely Dangerous Persons with Mental Illness Civil Commitments 859–200–0030
Jurisdiction of Persons under the PSRB 859–200–0035
Administrative meetings 859–200–0040
Public Meetings Law 859–200–0045
Records 859–200–0050
Purpose of Hearings 859–200–0055
Notice of Hearings 859–200–0060
Notification of state representation other than the District Attorney from the county of commitment 859–200–0065
Information Contained in Notice of Hearing 859–200–0070
Types of Hearings/Certification Procedure 859–200–0075
Chairperson Conducting Hearing 859–200–0080
Person’s Right to Review Record 859–200–0085
Evidence Considered 859–200–0090
Motion Practice 859–200–0095
Objections to Evidence 859–200–0100
Testimony Given under Oath 859–200–0105
Standards and Burdens of Proof 859–200–0110
Continuance of Hearing 859–200–0115
Waiver of Appearance at Hearings 859–200–0120
Use of Restraints 859–200–0125
Quorum 859–200–0130
Orders of the Board 859–200–0135
Notification of Right to Appeal 859–200–0140
Patient Appearing Pro Se 859–200–0145
Examination of Person 859–200–0150
Victims 859–200–0200
Court Conditional Release 859–200–0205
Board Order for Evaluation for Conditional Release 859–200–0210
Responsibility to Prepare a Summary of Conditional Release Plan 859–200–0215
Basis for a Finding of Conditional Release 859–200–0220
Elements of the Conditional Release Order 859–200–0225
Modification or Termination of Conditional Release 859–200–0230
Conditional Release Evaluation and Reports 859–200–0235
Monthly Reporting 859–200–0300
Reasonable Grounds for Revocation 859–200–0305
Order of Revocation 859–200–0310
Procedure for Transporting a Revoked Person
Last Updated

Jun. 8, 2021

Rule 859-200-0045’s source at or​.us