Or. Admin. Code § 291-066-0260

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

Section 291-066-0260 - Releasing Authority Final Order

(1) When a case comes before the Releasing Authority for decision, the Releasing Authority shall consider the Hearings Officer's findings, the revocation hearings packet, mitigating factors, and administrative review of the Hearings Officer's findings if applicable.

(2) The Releasing Authority may adopt or modify the Hearings Officer's findings. The releasing authority may also request that the hearing be reopened to consider additional evidence.

(3) If the Hearings Officer finds that the alleged violation(s) of short-term leave or nonprison leave are not supported by a preponderance of the evidence and dismisses the case, then the Releasing Authority may request that the hearing be reopened to consider additional evidence.

(4) Within seven business days of receipt of the Hearings Officer's findings, the Releasing Authority shall enter a decision and issue a final order.

(5) If the Releasing Authority fails to act on the Hearings Officer's findings within seven business days following its receipt, the Hearings Officer's findings shall become final.

Or. Admin. Code § 291-066-0260

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, 423.020, 423.075, 421.168 & 421.500 to 421.512

Statutes/Other Implemented: ORS 179.040, 423.030, 423.020, 423.075, 421.168 & 421.500 to 421.512