Or. Admin. Code § 291-048-0300

Current through Register Vol. 63, No. 10, October 1, 2024

Section 291-048-0300 - Administrative Review

(1) The Behavior Health Administrator or designee shall review the results of any hearing held to involuntarily place an inmate in mental health special housing.

(2) The Behavior Health Administrator or designee shall review the Findings of Fact, Conclusion, and Recommendation of the hearings officer to determine whether:

(a) There was substantial compliance with the procedural requirements of these rules;

(b) The recommended decision was based on substantial information; and

(c) The recommended decision was proportionate to the information and consistent with the provisions of the rule.

(3) Within five days of the receipt of the hearings officer's report, the Behavior Health Administrator or designee shall enter an order to:

(a) Affirm the hearings officer's recommended decision;

(b) Modify the hearings officer's recommended decision; or

(c) Reverse the hearings officer's recommended decision.

(4) If the Behavior Health Administrator or designee modifies or reverses the hearings officer's recommended decision, the Behavior Health Administrator or designee must state the reason(s) in writing and promptly notify the inmate, hearings officer, mental health treatment team and functional unit managers of the action and reason.

(5) A copy of the order shall be returned to the hearings officer and the inmate.

Or. Admin. Code § 291-048-0300

CD 5-1981, f. & ef. 4-3-81; CD 15-1984, f. & ef. 7-20-84; CD 4-1988, f. & cert. ef. 3-21-88; CD 3-1996, f. 4-26-96, cert. ef. 5-1-96; DOC 2-1999(Temp), f. 1-27-99, cert. ef. 2-1-99 thru 7-30-99, Renumbered from 291-048-0030; DOC 10-1999, f. & cert. ef. 7-6-99; Renumbered from 291-048-0160 by DOC 18-2010(Temp), f. & cert. ef. 12-13-10 thru 6-11-11; Renumbered from 291-048-0160 by DOC 6-2011, f. 3-31-11, cert. ef. 4-1-11

Stat. Auth.: ORS 179.040, 423.020, 423.030 & 423.075

Stats. Implemented: ORS 179.040, 423.020, 423.030 & 423.075