Or. Admin. Code § 859-300-0080

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

Section 859-300-0080 - Notice of Relief Hearing/Request for Continuance/Withdraw of Petition

(1) Following receipt of the petition, the Board shall provide written notice of the relief hearing to the following persons or agencies within a reasonable time:

(a) Attorney representing the petitioner, if any;

(b) District attorney in which the petitioner resides and the district attorney in the county where petitioner's mental health determination was adjudicated;

(c) The victim, identified after a reasonable effort is made, associated with the criminal offense that led to the mental health determination, if the court or Panel finds that the victim requests notification;

(d) Department of Human Services/Oregon Health Authority;

(e) The sheriff of the county in which petitioner resides and in the county where petitioner's mental health determination was adjudicated;

(f) The chief of police where petitioner resides and where petitioner's mental health determination was adjudicated, if applicable; and

(g) Any other person requesting notification.

(2) Upon the request of any party or on its own motion, the Board may, in its sole discretion, continue a relief hearing to allow the Board or any party to further prepare or obtain additional information or testimony.

(3) If a petitioner withdraws a petition for relief, the notice of withdrawal shall be served in writing on the Board no later than three weeks prior to the scheduled relief hearing date. A petitioner who timely submits a notice of withdraw may re-submit the petition any time after withdrawal.

(4) The Board shall issue a final order by default denying the petition if a petitioner fails to timely serve the Board with a notice of withdraw, or if the petitioner fails to appear at a relief hearing.

Or. Admin. Code § 859-300-0080

PSRB 3-2010(Temp), f. 10-5-10, cert. ef. 10-8-10 thru 4-6-11; PSRB 1-2011, f. 2-2-11, cert. ef. 2-15-11

Stat. Auth.: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853)

Stats. Implemented: ORS 161.387(1), OL 2009, Ch. 826 (HB 2853))