OAR 859-400-0080
Notice of Relief Hearing/Request for Continuance/Withdrawal 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) The Attorney General’s Office;
(c) If the petitioner was convicted or found Guilty Except for Insanity, and:
(i) The petitioner was convicted or found Guilty Except for Insanity in Oregon, the district attorney in the county where petitioner’s sex crime was adjudicated; or
(ii) The petitioner was convicted or found Guilty Except for Insanity in a United States Court outside Oregon, the district attorney of the county in which the petitioner resides.
(d) The victim of the petitioner’s sex crime or offenses identified after a reasonable effort is made, if the court or Panel finds that the victim requests notification;
(e) The sheriff of the county in which petitioner resides;
(f) The chief of police where petitioner resides, 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 submits a notice of withdraw according to the time frame outlined in this subsection may re-submit the petition any time after withdrawal.
(4) If a petitioner fails to serve the Board with a notice of withdrawal in a timely fashion, or if the petitioner fails to appear at a relief hearing, the Board shall issue a final order by default denying the petition.

Source: Rule 859-400-0080 — Notice of Relief Hearing/Request for Continuance/Withdrawal of Petition, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=859-400-0080.

859‑400‑0001
Background/Purpose of Rules/Applicability
859‑400‑0005
Definitions
859‑400‑0010
Sex Offender Risk Assessment Methodology
859‑400‑0015
Classifying Agency/Sharing of Records
859‑400‑0020
Timelines for Classifying Registrants
859‑400‑0025
Failure of Registrant to Participate in the Risk Assessment/Failure to Provide Information for Assessment
859‑400‑0030
Procedures for Classifying and Notifying Adult Male Registrants
859‑400‑0035
Procedures for Classifying and Notifying Young Male Registrants, Female Registrants, and Category B Registrants
859‑400‑0040
Releasing Information to the Public and Law Enforcement
859‑400‑0045
Requests for Reclassification/Relief
859‑400‑0050
Petition for Relief
859‑400‑0060
Time Frame
859‑400‑0070
Timing of Relief Hearing
859‑400‑0080
Notice of Relief Hearing/Request for Continuance/Withdrawal of Petition
859‑400‑0090
Principal Issue before the Panel/Challenges to Initial Sex Offender Risk Score
859‑400‑0100
Quorum and Decisions of Sex Offender Relief Panel
859‑400‑0110
Public Meetings Law
859‑400‑0120
Records
859‑400‑0130
Confidentiality
859‑400‑0140
Evidence Considered
859‑400‑0150
Motion Practice
859‑400‑0160
Independent Examination of Petitioner
859‑400‑0170
Objections to Evidence
859‑400‑0180
Witnesses and Documents
859‑400‑0190
Testimony Given on Oath
859‑400‑0200
Standard and Burden of Proof
859‑400‑0210
Mandatory Personal Appearance
859‑400‑0220
Decisions of the Panel
859‑400‑0230
Submission of Final Order of Relief to Oregon State Police
Last Updated

Jun. 8, 2021

Rule 859-400-0080’s source at or​.us