OAR 859-540-0010: Quorum and Decisions

The presence of at least three members of the Board constitutes a quorum: (1) Three concurring votes (affirmative or negative) are required for a Board decision. (2) When three members cannot agree on a decision, the hearing shall be continued for no longer than 60 days. A recording of the hearing and the exhibits shall be reviewed by the remaining member(s) and a decision by the majority of the members shall be the finding and order of the Board. (3) If the attorney for the youth objects to the remaining member's or members' review as set forth in section (2) of this rule and if good cause is shown, the Board may reschedule the matter for a full hearing before the entire Board. (4) Prior to commencing a hearing, if an objection for good cause is made to a specific member of the Board sitting on the panel considering a specific case and the Board sustains it, that member shall withdraw and, if necessary, the hearing shall be continued and rescheduled. (5) If a member of the juvenile panel is unable to be present for a hearing pursuant to ORS 419C.538 (Conditional release), 419C.540 (Discharge or conditional release after commitment) or 419C.542 (Hearings before juvenile panel of Psychiatric Security Review Board) due to an emergency, and quorum cannot be reached, a member of the adult panel of the Oregon Psychiatric Security Review Board, as defined in ORS 161.385(2) and OAR 859-010-0005(13), may sit on the Board for the purposes of obtaining quorum and holding the hearing. (6) For the purposes of this rule, an emergency situation is defined as a situation wherein there are no other members of the juvenile panel available due to unplanned or unforeseen circumstances, including but not limited to a conflict of interest or a serious medical emergency.