OAR 291-048-0300: Administrative Review

(1) The Behavioral Health Services administrator or designee shall review the results of any hearing held to involuntarily place an adult in custody in mental health special housing. (2) The Behavioral Health Services administrator or designee shall review the Findings‑of‑Fact, Conclusion, and Recommendation of the Hearings Officer to determine whether: (a) There was substantial compliance with the procedural requirements of these rules; (b) The recommended decision was based on substantial information; and (c) The recommended decision was proportionate to the information and consistent with the provisions of the rule. (3) Within five days of the receipt of the Hearings Officer's report, the Behavioral Health Services administrator or designee shall enter an order to: (a) Affirm the Hearings Officer’s recommended decision; (b) Modify the Hearings Officer’s recommended decision; or (c) Reverse the Hearings Officer’s recommended decision. (4) If the Behavioral Health Services administrator or designee modifies or reverses the Hearings Officer’s recommended decision, the Behavioral Health Services administrator or designee must state the reason(s) in writing and promptly notify the adult in custody, Hearings Officer , mental health treatment team , and institution’s functional unit manager of the action and reason. (5) A copy of the order shall be returned to the Hearings Officer and the adult in custody .