OAR 859-550-0055: Standards and Burdens of Proof

(1) The standard of proof on all facts and issues at hearings of the Board shall be the preponderance of the evidence. (2) The burden of proof shall depend on the type of hearing. State has the burden at all hearings except at a youth-requested hearing or conditionally released youth requested hearings unless it has been more than two years since the State has had the burden of proof. (3) If at any hearing the secure facility staff agrees with the youth on the issue of qualifying mental disorder, dangerousness or fitness for conditional release but no advance notice is given to the Board that the facility requests discharge or conditional release, the burden of proof remains with the youth. The testimony of facility staff will be considered as evidence to assist the Board in deciding whether the youth has met his/her burden.