Or. Admin. Code § 255-087-0090

Current through Register Vol. 63, No. 12, December 1, 2024

Section 255-087-0090 - Final Decisions on Relief and Reclassification

(1) The Board will make a final decision by reviewing the documents relied upon for the hearing, any relevant testimony at the hearing and all timely submitted relevant materials.

(2) The Board shall enter an order relieving the person of the obligation to report as a sex offender under ORS 163A.010, 163A.015 or 163A.020 if the board determines, by clear and convincing evidence, that the registrant: is statistically unlikely to reoffend; and does not pose a threat to the safety of the public.

(3) The Board shall enter an order reclassifying a registrant from a level three sex offender to a level two sex offender, or from a level two sex offender to a level one sex offender, if the Board determines, in addition to the registrant's lower risk of reoffending, that a lower level of notification is sufficient to protect public safety.

(4) Following the Board's decision, the Board shall send notice of the Board's final order to the registrant and board registered victims.

(5) If the petition is denied, the registrant may re-apply for eligibility to petition under OAR 255-087 after 36 months from the date of denial.

(6) If relief or reclassification is ordered, the Board will notify the Oregon Department of State Police of the final order.

Or. Admin. Code § 255-087-0090

PAR 7-2018, adopt filed 11/19/2018, effective 12/1/2018

Statutory/Other Authority: ORS 163A.105, ORS 163A.115, ORS 163A.125 & ORS 144.005

Statutes/Other Implemented: ORS 163A.115 & ORS 163A.125