Or. Admin. Code § 291-105-0085
Current through Register Vol. 63, No. 10, October 1, 2024
Section 291-105-0085 - Administrative Review(1) An AIC may direct concerns or issues regarding a hearing to the functional unit manager or designee as soon as possible after the conclusion of the hearing. Upon receipt of the Preliminary Order, the functional unit manager or designee will: approve the order, amend the order, dismiss the order, or reopen to consider new evidence not submitted in the original hearing.(2) Disciplinary actions subject to review by the Inspector General or designee are:(a) Level I or Level II rule violations; or(b) Recommendations for extension of the AIC's parole release date, retraction of earned time, statutory good time, or extra good time credits; or(c) Deviations from the disciplinary segregation sanction listed on the grid; or(d) Any case deemed appropriate by the Inspector General or designee.(3) Petitions for administrative review must be filed by the AIC and received by the Inspector General within 60 calendar days after the Preliminary Order becomes the Final Order under OAR 291-105-0031. Filing a petition for administrative review shall not stay the imposition of a sanction.(4) An AIC shall request an administrative review by completing the Department approved Petition for Administrative Review form and submitting it to the Inspector General. Petition for Administrative Review forms shall minimally state the following: (a) The date the hearing was completed and the case number (for example, 1503 EOCI 0001 EOCI 01).(b) The rule violation(s) which the AIC was found in violation or sanction(s) which meets the review criteria listed in (2) above.(c) Sufficient information to show why there was not substantial compliance with OAR 291-105, that the finding was not based upon a preponderance of the evidence, or that the sanction(s) imposed was not in accordance with provisions set forth in OAR 291-105.(d) An AIC who attempts to file for an administrative review by use of any written communication other than the approved Petition for Administrative Review form shall have the communication returned with instructions that the AIC resubmit the request on the proper form. The AIC will have 14 days from the date the communication is returned or 60 calendar days after the Final Order is signed, whichever is longer, to make the request on the approved form.(e) Duplicate petitions for the same case will not be considered or responded to.(f) A separate Petition for Administrative Review must be filed for each case number for which an administrative review is requested.(5) Upon receipt of the Petition for Administrative Review, the Inspector General or designee shall review the case to determine: (a) Was there substantial compliance with OAR 291-105?(b) Was the finding based upon a preponderance of evidence?(c) Was the sanction imposed in accordance with the provisions set forth in OAR 291-105?(6) If the Inspector General or designee determines there was substantial compliance with OAR 291-105, the finding was based on a preponderance of evidence, and the sanction(s) imposed were in accordance with the provisions set forth in OAR 291-105, the AIC will be informed. The Inspector General or designee may order the case reopened to address technical and clerical errors that do not substantially prejudice the AIC.(7) If the Inspector General or designee determines there was not substantial compliance with OAR 291-105, the finding was not based on a preponderance of the evidence, or the sanction(s) imposed were not in accordance with provisions set forth in OAR 291-105, the case shall be reopened to address non-compliance. The order may be dismissed or vacated, in whole or in part, by the Inspector General or designee.(8) Upon receipt of the order to reopen a case, the Hearings Officer shall reopen and complete the case and notify the Inspector General or designee of completion within 10 business days. If completing the case takes longer than 10 business days, the reason for delay shall be made part of the record.(9) Upon completing the case, the Hearings Officer shall prepare and issue an updated Preliminary Order containing the Hearings Officer's Findings of Fact and Conclusions of law per OAR 291-105-0031.(10) The Inspector General or designee shall provide the AIC with a written response to the Petition for Administrative Review within 60 days from the date it is received. Documentation submitted to the Inspector General shall not be returned to the AIC. Requests for updates during the 60-day period will not receive a response.(11) Petitions that are outside the criteria listed in OAR 291-105-0085 shall be returned.(12) Cases that are not eligible for review by the Inspector General or designee are subject to review by the functional unit manager or designee, if requested by the AIC. If the functional unit manager or designee determines the case was not incompliance with OAR 291-105, the Inspector General or designee will be contacted to request the case be reopened.Or. Admin. Code § 291-105-0085
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 32-1987(Temp), f. & ef. 8-5-87; CD 38-1987, f. & ef. 10-2-87; CD 5-1989, f. & cert. ef. 4-21-89; CD 8-1992, f. 3-27-92, cert. ef. 4-15-92; 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; Renumbered from 291-105-0073, DOC 9-2005, f. 7-22-05, cert. ef. 7-24-05; DOC 14-2008, f. & cert. ef. 6-2-08; DOC 25-2020, amend filed 12/14/2020, effective 12/15/2020; DOC 10-2023, amend filed 05/23/2023, effective 5/23/2023Statutory/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