ORS 421.630
Judicial review


(1)

Notwithstanding ORS 183.400 (Judicial determination of validity of rule), 183.482 (Jurisdiction for review of contested cases), 183.484 (Jurisdiction for review of orders other than contested cases) and 197.825 (Jurisdiction of board) or any other law, exclusive jurisdiction for review of any decision relating to the establishment of, addition to, remodeling of or siting of a corrections facility including the establishment of criteria under ORS 421.614 (Corrections facilities), the nomination of sites under ORS 421.616 (When department required to nominate sites for corrections facilities) or any actions under ORS 421.623 (Hearings in region where nominated site located) or 421.626 (Notification to Governor) is conferred upon the Supreme Court.

(2)

Proceedings for review shall be instituted when any person or local government adversely affected files a petition with the Supreme Court that meets the following requirements:

(a)

The petition shall be filed within 21 days of issuance of the specific decision on which the petition is based, except that a petition based on a decision to adopt criteria pursuant to ORS 421.614 (Corrections facilities) shall be filed within 21 days of the issuance of the criteria. A decision made pursuant to ORS 421.623 (Hearings in region where nominated site located) or 421.626 (Notification to Governor) with respect to any site may be reviewed by the Supreme Court as provided in ORS 421.611 (Findings) to 421.630 (Judicial review).

(b)

The petition shall state the nature of the decision the petitioner desires reviewed, in what manner the decision below rejected the position raised by the petitioner below and shall state, by supporting affidavit, the facts showing how the petitioner is adversely affected. In the case of a decision by the Corrections Facilities Siting Authority, the petitioner is adversely affected only when the petitioner can establish by clear and convincing evidence in the affidavit that:

(A)

The petitioner participated before the authority;

(B)

The petitioner will be within sight or sound of the facility or is affected economically in excess of $5,000 in value; and

(C)

The petitioner proposed conditions as required by ORS 421.623 (Hearings in region where nominated site located) (2) that were rejected by the authority.

(c)

The petitioner shall serve a copy of the petition by registered or certified mail upon the Department of Corrections, the authority and the Attorney General.

(d)

Within 30 days after service of the petition, the department shall transmit to the Supreme Court, or a special master it designates, the original or a certified copy of the entire record and any findings that may have been made. The court shall not substitute its judgment for that of the Governor, the department or the authority as to any issue of fact or issue within executive branch discretion.

(3)

If the petition is for review of a decision made by the siting authority, the record shall include only:

(a)

The report of the authority.

(b)

The conditions, if any, on the nomination.

(c)

The transcript of the hearing before the authority. However, on motion of the authority, the Supreme Court may limit the transcript to those matters in which the petitioner is interested as provided in subsection (2)(b) of this section.

(d)

Evidence submitted by the petitioner to the authority, but on motion of any party to the judicial review, the Supreme Court may supplement the record with additional materials from the hearing before the authority.

(e)

The transcript of the decision-making meeting of the authority.

(f)

The authority findings and decision.

(4)

Upon review, the Supreme Court may reverse or remand the decision if the Supreme Court concludes that the department, the authority or the Governor:

(a)

Exceeded the statutory or constitutional authority of the decision maker;

(b)

Made a decision based on findings that are not supported by substantial evidence in the record as described in ORS 183.482 (Jurisdiction for review of contested cases) (8)(c); or

(c)

Refused to adopt a proposed condition submitted under ORS 421.623 (Hearings in region where nominated site located) (2) and failed to provide the statement required by ORS 421.623 (Hearings in region where nominated site located) (3)(b).

(5)

Proceedings for review under this section shall be given priority over all other matters before the Supreme Court. [1995 c.745 §10; 1999 c.853 §2]
Note: See note under 421.611 (Findings).

Source: Section 421.630 — Judicial review, https://www.­oregonlegislature.­gov/bills_laws/ors/ors421.­html.

Notes of Decisions

Review is available for any factual findings made regarding proposed condition, regardless of whether condition was accepted or rejected. Dunning v. Corrections Facility Siting Authority, 325 Or 269, 935 P2d 1209 (1997)

“Substantial evidence” standard based only on supporting evidence viewed in isolation adequately safeguards against arbitrary or irrational decision making. City of Wilsonville v. Dept. of Corrections, 326 Or 152, 951 P2d 128 (1997)

421.005
Definitions
421.068
Use of revenue from certain sources
421.069
Report to legislature following audit of women’s correctional facility
421.073
Housing of Adults in Custody from Other Jurisdictions Account
421.076
Telephone service provider contracts
421.081
Correctional education system
421.084
Adult basic skills development program
421.085
Experimentation on adults in custody prohibited
421.105
Enforcement of rules
421.107
Use of dog for cell extraction prohibited
421.113
Provision of immunization against influenza virus
421.120
Reduction in term of sentence
421.121
Reduction in term of incarceration
421.122
Status of time enrolled in work release
421.125
Clothing, money and documents upon release
421.132
Department fees for service of process and other documents
421.137
Labeling of goods made in hobby and recreation programs
421.142
Manufacture and sale of handiwork
421.145
Disposition of moneys obtained from sale of products of labor of adult in custody
421.147
Disposition of unclaimed or abandoned tangible property of adults in custody
421.150
Custody of federal prisoners
421.155
Dangerous offenders to be observed and treated
421.160
Written report concerning conduct of dangerous offenders
421.166
Emergency leave
421.168
Transitional leave
421.170
Enrollment of adult in custody in work release program
421.180
Disciplinary procedures
421.185
Assistance and representation in disciplinary procedures
421.190
Admissible evidence at disciplinary hearing
421.194
Disciplinary orders not subject to judicial review
421.205
Contracts with federal government, other states or counties, or other agencies for detention and care of adults in custody
421.210
Transfer of adults in custody to contract institutions
421.213
Records of transfer
421.215
Procurement of transferred adults in custody when required for judicial proceedings
421.220
Return of transferred adults in custody
421.225
Expenses of superintendents
421.229
Transfer of foreign adults in custody
421.245
Interstate Corrections Compact
421.250
Powers of Governor
421.254
Priority of corrections compacts
421.282
Definitions for ORS 421.282 to 421.294
421.284
Western Interstate Corrections Compact
421.286
Commitments or transfers of inmates to institution in another state
421.288
Enforcing and administering compact
421.290
Hearings by director
421.292
Hearings in another state
421.294
Contracts to implement compact
421.296
Interstate Forest Fire Suppression Compact
421.297
Powers of Governor
421.298
Duties of State Forester
421.305
Establishment of industries in institutions
421.312
Contracts with federal government for producing goods or furnishing services of adults in custody during national emergency authorized
421.344
Creation of Oregon Corrections Enterprises as semi-independent agency
421.347
Advisory council
421.349
Advisory committee
421.352
Applicability of certain statutes to Oregon Corrections Enterprises
421.354
Authority of Oregon Corrections Enterprises
421.357
Limitation on amount agency may charge Oregon Corrections Enterprises
421.359
Disposition of income and revenues
421.362
Continuation of employment of certain Department of Corrections employees
421.364
Provision of legal services to Oregon Corrections Enterprises
421.367
Report to Governor and Legislative Assembly
421.405
Use of labor of adults in custody for benefit of officials prohibited
421.412
Use of labor of adults in custody in acquisition of crops to be consumed in state institutions
421.420
Use of labor of adults in custody to clear unimproved land
421.423
Use of labor of adults in custody for electrical or plumbing work
421.437
Compensation of adults in custody
421.438
Authority to enter into contracts concerning certain operations and programs
421.442
Creation of accounts and subaccounts relating to prison work and on-the-job training programs
421.444
Intellectual property
421.445
Supervision of adults in custody in Department of Corrections or Oregon Corrections Enterprises program
421.450
Definitions for ORS 421.455 to 421.480
421.455
Forest work camps
421.465
Transfer of state adults in custody to forest work camp
421.467
Transfer of local adults in custody to forest work camp
421.468
Prior approval required for transfer of local adult in custody
421.470
Authority over adults in custody in camps
421.476
Compensation of adults in custody for labor at forest camps
421.480
Return of adult in custody to institution
421.490
Work camps
421.500
Findings
421.502
Definitions for ORS 421.502 to 421.512
421.504
Special alternative incarceration program
421.506
Intensive alternative incarceration addiction program
421.507
Suspension or termination of program
421.508
Determination of eligibility for program
421.509
Provision of information to program participants
421.510
Eligibility for nonprison leave
421.512
Rulemaking
421.590
Medical treatment programs
421.605
Location and use of penitentiary
421.609
New correctional facilities
421.611
Findings
421.612
Definitions
421.614
Corrections facilities
421.616
When department required to nominate sites for corrections facilities
421.618
Meetings to discuss site selections
421.621
Corrections Facilities Siting Authority
421.623
Hearings in region where nominated site located
421.626
Notification to Governor
421.628
Effect of decision of Corrections Facilities Siting Authority
421.630
Judicial review
421.633
Lease of Milliron Road Site
421.635
Definitions for ORS 421.635 to 421.657
421.637
When department required to propose site
421.639
Exclusion of F. H. Dammasch State Hospital as department facility
421.641
Hearings in region where proposed site located
421.643
Notice to Governor regarding proposed site
421.645
Issuing permits necessary for construction and operation of facility
421.647
Review of decision relating to permits
421.649
Provision of public services
421.651
Prison Advisory Committee
421.653
Judicial review
421.655
Proceedings for review
421.657
Condemnation of property
421.670
Department disposal of sited property
421.805
Siting of branch institutions
421.990
Penalties
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