ORS 161.395: Subpoena power.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Upon request of any party to a hearing before the Psychiatric Security Review Board under ORS 161.315 to 161.351, the board shall issue, or on its own motion may issue, subpoenas requiring the attendance and testimony of witnesses. (2) Upon request of any party to the hearing before the board and upon a proper showing of the general relevance and reasonable scope of the documentary or physical evidence sought, the board shall issue, or on its own motion may issue, subpoenas duces tecum. (3) Witnesses appearing under subpoenas, other than the parties or state officers or employees, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (2). If the board certifies that the testimony of a witness was relevant and material, any person who has paid fees and mileage to that witness shall be reimbursed by the board. (4) If any person fails to comply with a subpoena issued under subsections (1) or (2) of this section or any party or witness refuses to testify regarding any matter on which the party or witness may be lawfully interrogated, the judge of the circuit court of any county, on the application of the board or of the party requesting the issuance of the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued by the court. (5) If any person, agency or facility fails to comply with an order of the board issued pursuant to subsection (2) of this section, the judge of a circuit court of any county, on application of the board, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of an order issued by the court. Contempt for disobedience of an order of the board shall be punishable by a fine of $100. [1977 c.380 §9; 1989 c.980 §8; 2011 c.708 §10; 2017 c.442 §9]
Administrative rules citing this section
- OAR 309-018-0108: Licensing Standards — implements
- OAR 309-018-0181: SUD Residential ASAM Level of Care 3.1 — authority
- OAR 309-018-0182: SUD Residential ASAM Level of Care 3.3 — authority
- OAR 309-018-0183: SUD Residential ASAM Level of Care 3.5 — authority
- OAR 309-018-0184: SUD Residential ASAM Level of Care 3.7 — authority
- OAR 309-019-0105: Definitions — implements
- OAR 309-019-0110: Provider Policies — implements
- OAR 309-019-0135: Entry and Assessment — implements
- OAR 309-019-0140: Service Plan and Service Notes — implements
- OAR 309-019-0155: Enhanced Care Services (ECS) and Enhanced Care Outreach Services (ECOS) — implements
- OAR 309-019-0157: Enhanced Care Outreach Services (ECOS) — implements
- OAR 309-019-0160: Psychiatric Security Review Board and Juvenile Psychiatric Security Review Board — implements
- OAR 309-019-0170: Outpatient Problem Gambling Treatment and Recovery Services — implements
- OAR 309-019-0181: Early Intervention ASAM Level 0.5 — implements
- OAR 309-019-0182: Outpatient Substance Use Disorder Services ASAM Level 1 — implements
- OAR 309-019-0183: Intensive Outpatient Substance Use Disorder Services ASAM Level 2.1 — implements
- OAR 309-019-0184: Partial Hospitalization Substance Use Disorder Services ASAM Level 2.5 — implements
- OAR 309-019-0185: Outpatient Substance Use Disorders Treatment and Recovery Programs — implements
- OAR 309-019-0190: Community-Based Substance Use Treatment Programs for Individuals in the Criminal Justice System — implements
- OAR 309-019-0215: Grievances and Appeals — implements
- OAR 309-019-0220: Variances — implements
- OAR 309-019-0226: Assertive Community Treatment (ACT) Overview — implements
- OAR 309-019-0235: ACT Fidelity Requirements — implements
- OAR 309-019-0245: ACT Admission Criteria — implements
- OAR 309-019-0248: ACT Admission Process — implements
- OAR 309-019-0250: Closure of ACT Services — implements
- OAR 309-019-0255: ACT Reporting Requirements — implements
- OAR 859-010-0005: Definitions — implements
- OAR 859-050-0045: Witnesses and Documents; Subpoena — implements
- OAR 859-050-0105: Protocol for Media at Hearings — implements
- OAR 859-050-0110: Records of Hearings — implements
- OAR 859-090-0015: Enforcement of Board Orders — implements
- OAR 859-110-0010: Conditional Release and Discharge of Persons Placed Under the Board’s Jurisdiction for Crimes Committed On or After December 5, 1996 — implements
- OAR 859-400-0180: Witnesses and Documents; Subpoena — authority
- OAR 859-550-0110: Records of Hearings — implements
This rule cites
- ORS 161.315 — resolved
- 161.351 — resolved
- ORS 44.415 — resolved
Cited by
- ORS 161.332: “Conditional release” defined.
- ORS 161.346: Hearings on discharge, conditional release, commitment or modification; psychiatric reports; notice of hearing.
- ORS 430.653: Community mental health program funding study; reports.
- OAR 859-050-0005: Notice
- OAR 859-050-0045: Witnesses and Documents; Subpoena
- OAR 859-090-0015: Enforcement of Board Orders
- OAR 859-550-0005: Notice
- OAR 859-550-0010: Information Contained in Notice
- OAR 859-550-0045: Witnesses and Documents; Subpoena
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors161.html