OAR 859-300-0100
Quorum and Decisions of Panel

(1)

The presence of at least three members of the same Panel constitutes a quorum. Members of both the Juvenile Panel and the Adult Panel may serve as the Gun Relief Panel. Three concurring votes (affirmative or negative) are required to make a Panel decision. When three members cannot agree on the decision, the hearing shall be continued for no longer than 60 days and the recording of the hearing and the exhibits shall be reviewed by the remaining Panel member(s) and a decision by the majority of the members shall be the finding and order of the Panel.

(2)

At the outset of each relief hearing, the Panel members shall select one member to be the presiding officer of the relief hearing. The relief hearing shall be conducted by and under the control of the presiding officer. The presiding officer shall designate the order of presentation and questioning, determine the scope of questioning, and may set time limits and terminate irrelevant questions and irrelevant or unresponsive answers. The officer presiding at the hearing 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 presiding officer in the case and the correct application of the law to those facts. The presiding officer also may limit repetitious and cumulative evidence.

Source: Rule 859-300-0100 — Quorum and Decisions of Panel, https://secure.sos.state.or.us/oard/view.action?ruleNumber=859-300-0100.

859–300–0001
Determination of Sufficient Funding 859–300–0010
Rulemaking Procedure 859–300–0020
Cost of Administrative Rules 859–300–0030
Definitions 859–300–0040
Background and Purpose of Gun Relief Program 859–300–0050
Petition for Relief 859–300–0060
Time Limits 859–300–0070
Timing of Relief Hearing 859–300–0080
Notice of Relief Hearing/Request for Continuance/Withdraw of Petition 859–300–0090
Principal Issue Before The Panel/Challenges to the Firearm Disqualification 859–300–0100
Quorum and Decisions of Panel 859–300–0110
Public Meetings Law 859–300–0120
Records 859–300–0130
Public Records Law 859–300–0140
Evidence Considered 859–300–0150
Motion Practice 859–300–0160
Independent Examination of Petitioner 859–300–0170
Objections to Evidence 859–300–0180
Witnesses and Documents 859–300–0190
Testimony Given on Oath 859–300–0200
Standard and Burden of Proof 859–300–0210
Mandatory Personal Appearance 859–300–0220
Decisions of the Panel 859–300–0230
Submission of Final Order of Relief to Oregon State Police

Last Updated

Jun. 8, 2021

Rule 859-300-0100’s source at or.us

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Location: https://oregon.public.law/rules/oar_859-300-0100

Original Source: Rule 859-300-0100 — Quorum and Decisions of Panel, https://secure.sos.state.or.us/oard/view.action?ruleNumber=859-300-0100 (last accessed Jun. 8, 2021).