Or. Admin. Code § 291-066-0180

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

Section 291-066-0180 - Representation/Ability to Pay Attorney Fees

(1) In a revocation hearing, the Hearings Officer may authorize the appointment of an attorney to assist an AIC in their defense if the Department determines that it is legally required to do so.

(2) In determining whether to appoint an attorney, the Hearings Officer shall consider whether the AIC appears to be capable to speak effectively.

(3) If the Hearings Officer determines that the AIC is indigent and unable to pay for an attorney, the Hearings Officer may appoint an attorney at the Department's expense. If the Hearings Officer approves payment for an attorney at the Department's expense, the payment shall not exceed $100 per hour or $500 per case. The attorney shall send the Hearings Officer a billing within 90 calendar days of the revocation hearing.

(4) When the Hearings Officer denies an AIC's request for an attorney appointed at the Department's expense, the reason(s) for the denial shall be made part of the record.

Or. Admin. Code § 291-066-0180

DOC 11-2020, temporary adopt filed 07/16/2020, effective 7/16/2020 through 1/11/2021; DOC 1-2021, adopt filed 01/05/2021, effective 1/5/2021

Statutory/Other Authority: ORS 179.040, 423.030, 423.040, 423.075, 421.168 & 421.500 to 421.512

Statutes/Other Implemented: ORS 179.040, 423.030, 423.040, 423.075, 421.168 & 421.500 to 421.512