Or. Admin. Code § 859-050-0100

Current through Register Vol. 63, No. 11, November 1, 2024

Section 859-050-0100 - Appearance at Hearings by Remote Means

(1) Participation via telephone, other two-way electronic communication device, or simultaneous electronic transmission (collectively hereafter, "by remote means") is permitted at PSRB Hearings.

(a) All participants appearing by remote means, even if solely listening in, are expected to identify who they are or have a designated person, such as the Victim Advocate or patient family member, identify that they are participating. Victims who prefer to attend the hearing anonymously may do so but must contact the PSRB prior to the start of the hearing.

(b) Participants appearing by remote means will be recorded, even if they are muted, by the recording equipment. Therefore, participants are expected to listen to the hearings in a location that will minimize any noise interference, such as television, wind/rain/weather background noise, and conversations with others. When there are multiple participants on the conference line, it is expected that there will be professional decorum.

(c) If Board staff is given prior notice by a participant appearing by remote means with a hearing day contact phone number or e-mail, staff will call or email participants approximately fifteen (15) minutes prior to the start of the hearing if the hearing is not scheduled to occur in-person.

(2) Appearance at hearings by remote means may be used by the Board, persons under the jurisdiction of the PSRB, witnesses or victims when the hearings recording equipment allows for its use. All hearings before the Board will be conducted by remote means unless there is a basis for in-person attendance that cannot be accommodated by remote means.

(a) Either party must request in-person attendance in writing no later than ten (10) business days prior to the scheduled hearing.

(b) Requests for in-person attendance shall contain a basis for the request and some description as to why appearing by remote means is not appropriate for the hearing.

(3) If a hearing is scheduled to occur in-person any party may request the Board order in-person attendance of a witness or person under the jurisdiction of the Board if the written request is made at least 10 business days prior to notice of the hearing. A party needs to give notice to the Board if the party wants in-person presence rather than appearing by remote means of other parties or witnesses. The request shall include the basis or reason for in-person attendance that cannot otherwise be achieved through appearing by remote means.

(4) PSRB Board members may appear by remote means.

(5) Board staff shall ensure that defense counsel can consult with the individual person under the jurisdiction of the Board at any time during a remote hearing in a setting where the attorney-client privilege is not compromised.

(6) The Board will make reasonable accommodations for the known disability of any participant in Board hearings.

Or. Admin. Code § 859-050-0100

PSRB 2-2014, f. & cert. ef. 12/18/2014; PSRB 5-2016, f. & cert. ef. 3/17/2016; PSRB 5-2017, amend filed 12/07/2017, effective 12/7/2017; PSRB 1-2022, amend filed 01/13/2022, effective 1/13/2022

Statutory/Other Authority: ORS 161.387

Statutes/Other Implemented: ORS 161.326 - 161.351