2011 ORS § 144.335¹
Appeal from order of board to Court of Appeals
- • appointment of master
- • costs
(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 persons 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 boards authority. The Court of Appeals may affirm, reverse or remand the order on the same basis as provided in ORS 183.482 (Jurisdiction for review of contested cases) (8). The filing of the petition shall not stay the boards 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 persons 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
(b) Deliver a copy of the record to the petitioner or the petitioners attorney, if the petitioner is represented by an attorney.
(6) At any time after submission of the petitioners brief, the court, on its own motion or on motion of the board, without submission of the boards brief and without oral argument, may summarily affirm the boards order if the court determines that the judicial review does not present a substantial question of law. Notwithstanding ORS 2.570 (Departments of court), 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 boards motion for summary affirmance. A summary affirmance under this subsection constitutes a decision on the merits of the petitioners issues on judicial review.
(7) 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.
(8) 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.
(9) If the court determines that a brief filed by the petitioner, when liberally construed, fails to state a colorable claim for review, the court may order the petitioner to pay, in addition to the boards recoverable costs, attorney fees incurred by the board not to exceed $100. If the petitioner moves to dismiss the petition prior to a summary affirmance described in subsection (6) of this section, the court may not award costs or attorney fees to the board.
(10) Upon request by the board, the Department of Corrections may draw from or charge to the petitioners 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.
(11) If the petitioner prevails on judicial review and is represented by an attorney funded by the Public Defense Services Commission, any recoverable costs shall be paid to the commission. [1973 c.694 §24; 1983 c.740 §18; 1989 c.790 §41; 1993 c.402 §1; 1995 c.108 §3; 1999 c.141 §3; 1999 c.618 §1; 2001 c.661 §1; 2003 c.352 §1; 2007 c.411 §1]