Or. Admin. Code § 859-550-0005

Current through Register Vol. 64, No. 1, January 1, 2025

Section 859-550-0005 - Notice

Written notice of a hearing shall be given to those indicated in ORS 419C.532 via electronic mail unless a hard copy is requested.

(1) Those given notice under ORS 419C.532 include the:

(a) Youth about whom the hearing is being conducted;

(b) Attorney representing the youth under JPSRB jurisdiction;

(c) The youth's parents or guardians, if known;

(d) The person having legal custody of the youth;

(e) The Attorney General or other attorney representing the state, if any; and

(f) The district attorney of the county in which the young person was adjudicated.

(2) The written notice of hearings will contain the information specified in ORS 419C.532, as follows:

(a) The time, place, and location of the hearing;

(b) The nature of the hearing and the specific action for which a hearing has been requested, the issues to be considered at the hearing and a reference to the particular sections of the statutes and rules involved;

(c) A statement of the legal authority and jurisdiction under which the hearing is to be held; and

(d) A statement outlining the following additional rights:

(A) To appear at all proceedings held pursuant to this section, except for deliberations;

(B) To cross-examine all witnesses appearing to testify at the hearing;

(C) To subpoena witnesses and documents as provided in ORS 161.395;

(D) To be represented by suitable legal counsel possessing skills and experience commensurate with the nature and complexity of the case, to consult with counsel prior to the hearing and, if financially eligible, to have suitable counsel appointed at state expense; and

(E) To examine all information, documents and reports that the agency considers. If available to the agency at that time, the information, documents and reports will be disclosed to the person so as to allow examination prior to the hearing.

Or. Admin. Code § 859-550-0005

PSRB 2-2010, f. & cert. ef. 9-28-10; PSRB 1-2022, amend filed 01/13/2022, effective 1/13/2022

Statutory/Other Authority: ORS 161.387 & ORS 419C.533

Statutes/Other Implemented: ORS 419C.532