Or. Admin. Code § 859-050-0105

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

Section 859-050-0105 - Protocol for Media at Hearings

(1) Public Access Coverage Defined. As used in this rule:

(a) "Public access coverage" means coverage by means of any public access coverage equipment.

(b) "Public access coverage equipment" means any of the following in the possession of persons other than the PSRB or the PSRB staff: television equipment; still photographer equipment; audio, video, or other electronic recording equipment.

(2) Notification to Record Hearings. The news media must notify the PSRB of their request to record video, still photography, or audio of a PSRB proceeding by submitting a request for media or other public access coverage of PSRB at least one business day (24 hours) prior to the scheduled hearing day. Notice of media or public access coverage requests given to the PSRB less than twenty-four (24) hours prior to a scheduled hearing will be taken under advisement by the Board and may result in coverage access being denied directly in the hearings room. PSRB rules require that an original be filed with the PSRB. Submissions will be emailed to PSRB at: psrb@oregon.gov.

(3) Equipment and Operators

(a) Only one television camera and/or one still camera each with a single camera operator will be permitted in the PSRB proceeding. Cameras and operators must be in designated locations. Interviews may only be conducted in the area designated by the Board, or Health Systems, if hearings are conducted at OSH.

(b) It is up to the PSRB Board Chair, or Acting Chair, typically through its staff, to decide where cameras and microphones may be placed in the hearings room. Each hearings room is different and PSRB Board members may differ on this so operators must ask for assistance to determine camera placement on the day of the hearing.

(c) Equipment and camera operators must be in place prior to the PSRB hearing. Equipment must not be installed, moved or removed from the hearings room while the PSRB hearing is in session. Camera operators may not move around the hearings room while hearings are in session.

(d) News media must arrange any pooling of footage, photographs or audio among themselves. Typically, the first camera to arrive at the hearings room will be allowed to set up in the hearings room. The PSRB will not participate in any pooling agreement. The PSRB will not mediate in the event of disagreements about pooling arrangements. Disagreements about pooling arrangements will not result in additional media equipment being allowed into the hearings room and they will not cause a delay in the hearing start time. In the absence of agreement on pooling issues by persons seeking public access coverage, the PSRB Chair or Acting Chair may exclude any or all public access coverage.

(e) No public access coverage device will be operated by more than one person.

(f) No person will use public access coverage equipment that interferes or distracts from proceedings in the hearings room.

(g) The video camera must be mounted on a tripod or other device or installed in the hearings room. The tripod or other device must not be moved while the proceedings are in session. Video equipment must be screened where practicable or located and operated as directed by the Board Chair.

(h) No artificial lighting devices of any kind will be allowed.

(4) Limitations on Access: Media will not record:

(a) Any notes or conversations intended to be private including, but not limited to counsel, victims, Board members and members of the public attending hearings.

(b) Portions of the hearing that would interfere with the rights of the parties to a fair hearing or would affect the presentation of evidence or outcome of the hearing. This may include if public access coverage affects the PSRB patient's ability to effectively participate in his/her hearing.

(c) Any portion of the hearing that would interfere with a victim's entitlement to due dignity and respect. This may include prohibiting the recording of a victim impact statement or other portions of the hearing that include graphic depictions of the instant offense.

(d) If any cost or increased burden resulting from the public access coverage would interfere with the efficient administration of justice.

(5) Recording equipment may not be used in the visitor area.

(6) A Board Chair may summarily prohibit public access coverage of particular hearing attendees or witnesses, if the attendee or witness so requests.

(7) Violations. Any violation of this rule may result in sanctions including but not limited to the termination of media coverage privileges.

Or. Admin. Code § 859-050-0105

PSRB 2-2014, f. & cert. ef. 12/18/2014; PSRB 5-2016, f. & cert. ef. 3/17/2016; PSRB 3-2017, minor correction filed 10/20/2017, effective 10/20/2017; PSRB 4-2017, minor correction filed 11/16/2017, effective 11/16/2017; PSRB 4-2017, minor correction filed 11/16/2017, effective 11/16/2017

Statutory/Other Authority: ORS 161.387

Statutes/Other Implemented: ORS 161.295 - 161.400