Department of Corrections Institutions
(1)Notwithstanding ORS 183.400 (Judicial determination of validity of rule), 183.482 (Jurisdiction for review of contested cases), 183.484 (Jurisdiction for review of orders other than contested cases) and 197.825 (Jurisdiction of board) or any other law, exclusive jurisdiction for review of any decision relating to the establishment of, addition to, remodeling of or siting of a corrections facility including the establishment of criteria under ORS 421.614 (Corrections facilities), the nomination of sites under ORS 421.616 (When department required to nominate sites for corrections facilities) or any actions under ORS 421.623 (Hearings in region where nominated site located) or 421.626 (Notification to Governor) is conferred upon the Supreme Court.
(2)Proceedings for review shall be instituted when any person or local government adversely affected files a petition with the Supreme Court that meets the following requirements:
(a)The petition shall be filed within 21 days of issuance of the specific decision on which the petition is based, except that a petition based on a decision to adopt criteria pursuant to ORS 421.614 (Corrections facilities) shall be filed within 21 days of the issuance of the criteria. A decision made pursuant to ORS 421.623 (Hearings in region where nominated site located) or 421.626 (Notification to Governor) with respect to any site may be reviewed by the Supreme Court as provided in ORS 421.611 (Findings) to 421.630 (Judicial review).
(b)The petition shall state the nature of the decision the petitioner desires reviewed, in what manner the decision below rejected the position raised by the petitioner below and shall state, by supporting affidavit, the facts showing how the petitioner is adversely affected. In the case of a decision by the Corrections Facilities Siting Authority, the petitioner is adversely affected only when the petitioner can establish by clear and convincing evidence in the affidavit that:
(A)The petitioner participated before the authority;
(B)The petitioner will be within sight or sound of the facility or is affected economically in excess of $5,000 in value; and
(C)The petitioner proposed conditions as required by ORS 421.623 (Hearings in region where nominated site located) (2) that were rejected by the authority.
(c)The petitioner shall serve a copy of the petition by registered or certified mail upon the Department of Corrections, the authority and the Attorney General.
(d)Within 30 days after service of the petition, the department shall transmit to the Supreme Court, or a special master it designates, the original or a certified copy of the entire record and any findings that may have been made. The court shall not substitute its judgment for that of the Governor, the department or the authority as to any issue of fact or issue within executive branch discretion.
(3)If the petition is for review of a decision made by the siting authority, the record shall include only:
(a)The report of the authority.
(b)The conditions, if any, on the nomination.
(c)The transcript of the hearing before the authority. However, on motion of the authority, the Supreme Court may limit the transcript to those matters in which the petitioner is interested as provided in subsection (2)(b) of this section.
(d)Evidence submitted by the petitioner to the authority, but on motion of any party to the judicial review, the Supreme Court may supplement the record with additional materials from the hearing before the authority.
(e)The transcript of the decision-making meeting of the authority.
(f)The authority findings and decision.
(4)Upon review, the Supreme Court may reverse or remand the decision if the Supreme Court concludes that the department, the authority or the Governor:
(a)Exceeded the statutory or constitutional authority of the decision maker;
(b)Made a decision based on findings that are not supported by substantial evidence in the record as described in ORS 183.482 (Jurisdiction for review of contested cases) (8)(c); or
(c)Refused to adopt a proposed condition submitted under ORS 421.623 (Hearings in region where nominated site located) (2) and failed to provide the statement required by ORS 421.623 (Hearings in region where nominated site located) (3)(b).
(5)Proceedings for review under this section shall be given priority over all other matters before the Supreme Court. [1995 c.745 §10; 1999 c.853 §2]
Notes of Decisions
Review is available for any factual findings made regarding proposed condition, regardless of whether condition was accepted or rejected. Dunning v. Corrections Facility Siting Authority, 325 Or 269, 935 P2d 1209 (1997)
"Substantial evidence" standard based only on supporting evidence viewed in isolation adequately safeguards against arbitrary or irrational decision making. City of Wilsonville v. Dept. of Corrections, 326 Or 152, 951 P2d 128 (1997)