OAR 255-033-0040: Hearing Protocols

Manner of Hearing (1) The proceedings shall be governed by the hearings procedures outlined in Oregon Administrative Rule 255, Division 30; 255-030-0013, 255-030-0021, 255-030-0023, 255-030-0025, 255-030-0026, 255-030-0027, 255-030-0032, 255-030-0040, and 255-030-0046. (2) Nothing in this OAR is to be construed as limiting a right a victim would have at this hearing under the United States and Oregon Constitutions, any Oregon statute, including ORS 144.750, or any Oregon administrative rule. (3) The Board shall provide notice of the hearing to: (a) the district attorney of the county in which the person was convicted; and (b) the victim of any offense for which the person is serving a sentence if the victim requests to be notified and furnishes the Board with current contact information. (4) At the hearing, the AIC has: (a) the burden of proving by a preponderance of the evidence that the person has demonstrated maturity and rehabilitation based on consideration of the age and immaturity of the person at the time of the offense, and the person’s behavior thereafter; and (b) the right to counsel, including counsel appointed at Board expense, at a hearing. (5) The initial testimony of each witness, excluding the initial testimony of the AIC, shall not exceed 10 minutes. The total length of initial witness testimony, including any initial testimony of the AIC, shall not exceed 2 hours. The presiding Board member may grant additional time for initial witness testimony, at the time of the hearing, upon a finding that further testimony is likely to be relevant and material to the Board's decision. The presiding Board member may exclude or limit irrelevant, immaterial or unduly repetitious testimony and evidence. (a) The AIC may request the Board allow additional time for initial witness testimony beyond 2 hours by submitting a written request to the Board no later than 7 days prior to the hearing. The request shall contain the following information: (A) the amount of additional time requested; (B) the reason for why additional time is being requested; and (C) the nature of the information that will be provided during witness testimony requiring additional time. (b) The Board may grant the request if the Board determines the additional witness testimony is likely to be relevant and material to the Board’s decision. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]