Reconsideration Of Adult Psychiatric Security Review Board Findings; Judicial Review; Enforcement

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_859/859_090.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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PSYCHIATRIC SECURITY REVIEW BOARD 

 

DIVISION 90
RECONSIDERATION OF ADULT PSYCHIATRIC SECURITY REVIEW BOARD FINDINGS;

JUDICIAL REVIEW; ENFORCEMENT

859-090-0005
Reconsideration
A party to the hearing may request reconsideration of a Board finding in writing or, on its own motion, the Board can reconsider the finding:
(1) If an issue is appropriately raised, the matter shall be remanded to the Board for hearing on that issue. A reconsideration may be upheld if:
(a) The written findings are found to be inaccurate or do not support the action taken by the Board; or
(b) Substantial information material to the issues which was not known or which could not have been known at the time of the hearing is received; or
(c) A material misrepresentation of facts or concealment of facts occurred; or
(d) The Board decision is contrary to the rules or statutes governing the Board.
(2) If the issues are not appropriately raised, the person shall receive written notification of the reasons for denial of reconsideration.
Stat. Auth.: ORS 161

Stats. Implemented: ORS 161.346

Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85
 
859-090-0010
Judicial Review
(1) The Legislature has provided that a final Board order shall be subject to review by the Court of Appeals upon petition to the court within 60 days of the issuance of the order in accordance with ORS 161.385(8).
(2) The Board shall provide the attorney for the patient and the court with the record of proceedings.
Stat. Auth.: ORS 161.387

Stats. Implemented: ORS 161.385

Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 1-1995, f. & cert. ef. 1-11-95
859-090-0015
Enforcement of Board Orders
The Board may apply to the circuit court of the appropriate county for contempt proceedings under ORS 161.395(5) when its directive to an agency or person is not followed.
Stat. Auth.: ORS 161

Stats. Implemented: ORS 161.395

Hist.: PSRB 1-1985, f. 1-3-85, ef. 1-15-85

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