72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
Enrolled
Senate Bill 110
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Attorney General Hardy
Myers for Department of Justice)
CHAPTER ................
AN ACT
Relating to judicial review of orders of State Board of Parole
and Post-Prison Supervision; creating new provisions; and
amending ORS 144.335.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 144.335 is amended to read:
144.335. (1) A person over whom the State Board of Parole and
Post-Prison Supervision exercises its jurisdiction may seek
judicial review of a final order of the board as provided in this
section if:
(a) The person is adversely affected or aggrieved by a final
order of the board; and
(b) The person has exhausted administrative review as provided
by board rule.
(2) A person requesting administrative review shall provide the
person's current mailing address in the request. The board shall
mail its order disposing of the request for administrative review
to the person at that address, unless the person has otherwise
notified the board in writing of a change of address.
(3) The order of the board need not be in any special form, and
the order is sufficient for purposes of judicial review if it
appears that the board acted within the scope of the board's
authority. The Court of Appeals may affirm, reverse or remand the
order on the same basis as provided in ORS 183.482 (8). The
filing of the petition shall not stay the board's order, but the
board may do so, or the court may order a stay upon application
on such terms as it deems proper.
(4) If a person described in subsection (1) of this section
seeks judicial review of a final order of the board, the person
shall file a petition for judicial review with the Court of
Appeals within 60 days after the date the board mails the order
disposing of the person's request for administrative review. The
person shall serve a copy of the petition for judicial review on
the board.
(5) Within 30 days after being served with a copy of the
petition for judicial review, or such further time as the court
may allow, the board shall:
(a) Submit to the court the record of the proceeding or, if the
petitioner agrees, a shortened record; and
Enrolled Senate Bill 110 (SB 110-INTRO) Page 1
(b) Deliver a copy of the record to the petitioner or the
petitioner's attorney, if the petitioner is represented by an
attorney.
(6) Within 60 days after being served with a copy of the
record, or such further time as the court may allow, the
petitioner shall file a motion for leave to proceed with judicial
review based on a showing in the motion that a substantial
question of law is presented for review.
(7) Notwithstanding ORS 2.570, the Chief Judge, or other judge
of the Court of Appeals designated by the Chief Judge, may, on
behalf of the Court of Appeals, determine whether a motion for
leave to proceed with judicial review under subsection (6) of
this section presents a substantial question of law and may
dismiss the judicial review if the motion does not present a
substantial question of law. A dismissal under this subsection
constitutes a decision on the merits of the petitioner's issues
on judicial review.
(8) If the Chief Judge, or other judge of the Court of Appeals
designated by the Chief Judge, determines under subsection (7) of
this section that the motion presents a substantial question of
law, the court shall order the judicial review to proceed.
(9) At any time after submission of the petitioner's brief, the
court, on its own motion or on motion of the board, without
submission of the board's brief and without oral argument, may
summarily affirm the board's order if the court determines that
the judicial review does not present a substantial question of
law. { - The court may - } { + Notwithstanding ORS 2.570, the
Chief Judge, or other judge of the Court of Appeals designated by
the Chief Judge, may, on behalf of the Court of Appeals, + } deny
or, if the petitioner does not oppose the motion, grant the
board's motion for summary affirmance. A summary affirmance under
this subsection constitutes a decision on the merits of the
petitioner's issues on judicial review.
(10) During the pendency of judicial review of an order, if the
board withdraws the order for the purpose of reconsideration and
thereafter issues an order on reconsideration, and the petitioner
wishes to proceed with the judicial review, the petitioner need
not seek administrative review of the order on reconsideration
and need not file a new petition for judicial review. The
petitioner shall file, within a time established by the court, a
notice of intent to proceed with judicial review.
(11) In the case of disputed allegations of irregularities in
procedure before the board not shown in the record that, if
proved, would warrant reversal or remand, the Court of Appeals
may refer the allegations to a master appointed by the court to
take evidence and make findings of fact upon them.
(12) If the court determines that the motion filed under
subsection (6) of this section, when liberally construed, fails
to state a colorable claim for review of the board's order, the
court may order the petitioner to pay, in addition to the board's
recoverable costs, attorney fees incurred by the board not to
exceed $100. If the petitioner moves to dismiss the petition
before expiration of the time provided in subsection (6) of this
section, the court may not award costs or attorney fees to the
board.
(13) Upon request by the board, the Department of Corrections
may draw from or charge to the petitioner's trust account and pay
to the board the amount of any costs or attorney fees awarded to
the board by the court in any judicial review under this section.
Enrolled Senate Bill 110 (SB 110-INTRO) Page 2
SECTION 2. { + The amendments to ORS 144.335 by section 1 of
this 2003 Act apply only to final orders of the State Board of
Parole and Post-Prison Supervision mailed on or after the
effective date of this 2003 Act. + }
----------
Passed by Senate February 4, 2003
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 28, 2003
...........................................................
Speaker of House
Enrolled Senate Bill 110 (SB 110-INTRO) Page 3
Received by Governor:
......M.,............., 2003
Approved:
......M.,............., 2003
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2003
...........................................................
Secretary of State
Enrolled Senate Bill 110 (SB 110-INTRO) Page 4