Or. Admin. Code § 859-300-0120

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

Section 859-300-0120 - Records

(1) A record shall be kept of all gun relief hearings. The hearing shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the presiding officer in the case and the correct application of the law to those facts.

(2) All gun relief hearings, except Panel deliberations, shall be recorded by manual or electronic means which can be transcribed. No other record of Panel relief hearings shall be made. All documents considered at relief hearings shall be included as exhibits and kept as part of the record:

(a) Electronic recording capable of being transcribed shall be kept by the Board for a minimum period of two years from the relief hearing date;

(b) The gun relief hearings shall be transcribed from the recording when an appeal is filed. Once transcribed, the transcript may be substituted for the original record;

(c) Any material to which an objection is sustained shall not be considered by the Panel. All objections and all rulings of the gun relief panel on objections and motions shall be noted on the record; and

(d) The electronic recording or transcript of the proceedings shall be made available at cost to a party to the proceedings upon request.

Or. Admin. Code § 859-300-0120

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))