Or. Admin. R. 255-087-0090 - Final Decisions on Relief and Reclassification
(1) The Board will make a final decision by
reviewing the documents relied upon for the hearing, any relevant testimony at the
hearing and all timely submitted relevant materials.
(2) The Board shall enter an order relieving the
person of the obligation to report as a sex offender under ORS
163A.010,
163A.015 or
163A.020 if the board determines, by clear and convincing evidence, that the registrant: is
statistically unlikely to reoffend; and does not pose a threat to the safety of the
public.
(3) The Board shall enter an
order reclassifying a registrant from a level three sex offender to a level two sex
offender, or from a level two sex offender to a level one sex offender, if the Board
determines, in addition to the registrant's lower risk of reoffending, that a lower
level of notification is sufficient to protect public safety.
(4) Following the Board's decision, the Board
shall send notice of the Board's final order to the registrant and board registered
victims.
(5) If the petition is denied,
the registrant may re-apply for eligibility to petition under OAR 255-087 after 36
months from the date of denial.
(6) If
relief or reclassification is ordered, the Board will notify the Oregon Department
of State Police of the final order.
Notes
Statutory/Other Authority: ORS 163A.105, ORS 163A.115, ORS 163A.125 & ORS 144.005
Statutes/Other Implemented: ORS 163A.115 & ORS 163A.125
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