OAR 859-300-0080: Notice of Relief Hearing/Request for Continuance/Withdraw of Petition

(1) Following receipt of the petition, the Board shall provide written notice of the relief hearing to the following persons or agencies within a reasonable time: (a) Attorney representing the petitioner, if any; (b) District attorney in which the petitioner resides and the district attorney in the county where petitioner’s mental health determination was adjudicated; (c) The victim, identified after a reasonable effort is made, associated with the criminal offense that led to the mental health determination, if the court or Panel finds that the victim requests notification; (d) Department of Human Services/Oregon Health Authority; (e) The sheriff of the county in which petitioner resides and in the county where petitioner’s mental health determination was adjudicated; (f) The chief of police where petitioner resides and where petitioner’s mental health determination was adjudicated, if applicable; and (g) Any other person requesting notification. (2) Upon the request of any party or on its own motion, the Board may, in its sole discretion, continue a relief hearing to allow the Board or any party to further prepare or obtain additional information or testimony. (3) If a petitioner withdraws a petition for relief, the notice of withdrawal shall be served in writing on the Board no later than three weeks prior to the scheduled relief hearing date. A petitioner who timely submits a notice of withdraw may re-submit the petition any time after withdrawal. (4) The Board shall issue a final order by default denying the petition if a petitioner fails to timely serve the Board with a notice of withdraw, or if the petitioner fails to appear at a relief hearing.