OAR 859-050-0083: Split Votes at Hearings

(1) When three members cannot agree during deliberations about a hearing outcome, the hearing may be continued for no longer than 60 days. The recording of the hearing and the exhibits will be reviewed by the remaining member(s) and a decision by the majority of the members will be the finding and order of the Board. Before making a decision, the Board may deliberate any time it has a quorum. (2) If the party objects for good cause to the remaining member's or members' review as set forth in section (1) of this rule, the Board may reschedule the matter for a hearing before the entire Board. (3) Board staff will electronically notice both parties and the victim advocate of the split shortly after the deciding vote(s) are known to staff.