OAR 859-300-0080
Notice of Relief Hearing/Request for Continuance/Withdraw of Petition


(1)

Following receipt of the petition, the Board shall provide written notice of the relief hearing to the following persons or agencies within a reasonable time:

(a)

Attorney representing the petitioner, if any;

(b)

District attorney in which the petitioner resides and the district attorney in the county where petitioner’s mental health determination was adjudicated;

(c)

The victim, identified after a reasonable effort is made, associated with the criminal offense that led to the mental health determination, if the court or Panel finds that the victim requests notification;

(d)

Department of Human Services/Oregon Health Authority;

(e)

The sheriff of the county in which petitioner resides and in the county where petitioner’s mental health determination was adjudicated;

(f)

The chief of police where petitioner resides and where petitioner’s mental health determination was adjudicated, if applicable; and

(g)

Any other person requesting notification.

(2)

Upon the request of any party or on its own motion, the Board may, in its sole discretion, continue a relief hearing to allow the Board or any party to further prepare or obtain additional information or testimony.

(3)

If a petitioner withdraws a petition for relief, the notice of withdrawal shall be served in writing on the Board no later than three weeks prior to the scheduled relief hearing date. A petitioner who timely submits a notice of withdraw may re-submit the petition any time after withdrawal.

(4)

The Board shall issue a final order by default denying the petition if a petitioner fails to timely serve the Board with a notice of withdraw, or if the petitioner fails to appear at a relief hearing.

Source: Rule 859-300-0080 — Notice of Relief Hearing/Request for Continuance/Withdraw of Petition, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=859-300-0080.

Last Updated

Jun. 8, 2021

Rule 859-300-0080’s source at or​.us