Or. Admin. R. 291-105-0031

Current through Register Vol. 63, No. 4, April 1, 2024

Section 291-105-0031 - Processing of the Formal Record

(1) Within 10 working days following the conclusion of the hearing, the Hearings Officer shall prepare and deliver to the functional unit manager or designee a Preliminary Order containing the Hearings Officer's finding of fact and conclusions of law and recommendations for review.

(2) The Hearings Officer may issue an amended order for restitution purposes. In all such instances, the Hearings Officer shall convene or reconvene a hearing with the AIC regarding the restitution issue(s), in accordance with the provision of OAR 291-105-0028 and 291-105-0056. In such cases the AIC shall be provided a Notice of Hearing in accordance with OAR 291-105-0056(3), a brief written description of what the restitution is for, and the amount of restitution to be ordered.

(3) Upon receipt of the Preliminary Order, the functional unit manager or designee shall note the date received on the order. Within five working days after receipt of the Preliminary Order, the functional unit manager or designee shall do one of the following:

(a) Approve and sign the Preliminary Order without amendment, upon which the Preliminary Order becomes the Final Order; or

(b) Issue an amended order dismissing the misconduct report(s) or changing the disciplinary sanction(s) or their imposition in the Preliminary Order, for one or more of the reasons specified in OAR 291-105-0031(5), upon which the amended order becomes the Final Order; or

(c) Order the Hearings Officer to reopen the hearing to receive and consider additional evidence not submitted in the original hearing, and to issue an amended Preliminary Order after consideration of the additional evidence.

(4) If the functional unit manager or designee fails to act on the Preliminary Order within seven working days following its receipt, the Preliminary Order shall become the Final Order.

(5) Grounds for Issuance of Amended Orders: The functional unit manager or designee may issue an amended order for one or more of the following reasons:

(a) The evidence in the record is insufficient to support the violation(s) found, in which case the functional unit manager or designee may find a violation of a lesser included violation or order the dismissal of the misconduct report(s);

(b) The sanction(s) imposed by the Hearings Officer was not within the range of sanction(s) in the correct box on the grid, in which case the functional unit manager or designee may impose appropriate sanction(s) from the correct grid box;

(c) The deviation of disciplinary segregation sanction ordered by the Hearings Officer was not supported by written substantial reasons, in which case the functional unit manager or designee may impose the appropriate sanctions without the deviation of disciplinary segregation sanction or order the deviation of disciplinary segregation sanction upon written substantial reasons found by the functional unit manager or designee;

(d) The deviation of disciplinary segregation sanction ordered by the Hearings Officer included a segregation sanction in excess of 50 percent, in which case the functional unit manager or designee shall impose a sanction that does not exceed 50 percent;

(e) The consecutive segregation sanctions imposed by the Hearings Officer for multiple rule violations from the same misconduct report were not supported by written reasons, in which case the functional unit manager or designee may impose the segregation sanctions served concurrently or order the segregation sanctions served consecutively upon written reasons;

(f) To order a deviation of disciplinary segregation sanction not ordered by the Hearings Officer upon written substantial reasons found by the functional unit manager or designee;

(g) To impose mandatory consecutive sanction(s) not imposed by the Hearings Officer for multiple rule violations from two or more misconduct reports;

(h) To impose consecutive sanctions not imposed by the Hearings Officer for multiple rule violations from the same misconduct report, upon written reasons;

(i) To suspend imposition of any or all sanction(s) imposed by the Hearings Officer, informing the AIC of expected conduct to avoid imposition of the sanction(s);

(j) To impose any or all sanctions ordered suspended by the Hearings Officer. The reasons for imposing the previously suspended sanctions shall be explained in writing in the order; or

(k) To amend sanction(s) imposed or to impose sanction(s) not imposed by the Hearings Officer, within the range of sanctions listed in the appropriate grid box and OAR 291-105-0066(2), OAR 291-105-0069, or OAR 291-105-0071.

(6) Within seven working days after the Final Order is signed by the functional unit manager or designee or after a Preliminary Order becomes the Final Order under OAR 291-105-0031(3) and (4), a copy of the Final Order shall be sent to the AIC.

(7) Clerical errors on the written Findings of Fact, Conclusions, and Order may be rectified by correcting that document to accurately reflect the results of the hearing, without actually reconvening the hearing. The AIC shall be notified in writing of such corrections.

(8) The record of the hearing and all supporting documents shall be maintained in the Hearings Unit's records as per retention schedules. A copy of the misconduct report(s) and the Final Order (Findings of Fact, Conclusions, and Order) shall be permanently retained in the AIC's institution file, except in those instances where all major charges have been reduced to minor violations or dismissed by the Hearings Officer.

Or. Admin. R. 291-105-0031

CD 19-1979(Temp), f. & ef. 10-19-79; CD 13-1980, f. & ef. 4-15-80; CD 25-1982, f. & ef. 11-19-82; CD 8-1985(Temp), f. & ef. 6-19-85; CD 30-1985, f. & ef. 8-16-85; CD 6-1986(Temp), f. 3-14-86, ef. 4-15-86; CD 29-1986, f. & ef. 8-20-86; CD 5-1989, f. & cert. ef. 4-21-89; CD 8-1992, f. 3-27-92, cert. ef. 4-15-92; CD 6-1993, f. 3-10-93, cert. ef. 4-1-93; CD 9-1995, f. 5-23-95, cert. ef. 6-1-95; CD 16-1996, f. 11-13-96, cert. ef. 11-15-96; DOC 3-1999, f. 2-25-99, cert. ef. 3-1-99; DOC 6-2002, f. 4-30-02, cert. ef. 5-1-02; DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05; DOC 24-2011, f. 12-2-11, cert. ef. 12-7-11; DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020; DOC 10-2023, amend filed 05/23/2023, effective 5/23/2023

Statutory/Other Authority: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075

Statutes/Other Implemented: ORS 179.040, 421.068, 421.180, 423.020, 423.030 & 423.075