Board hearings; panels; exception

(1) In hearings conducted by the State Board of Parole and Post-Prison Supervision, the board may sit together or in panels. (2) Panels may consist of one or two board members or of one member and one hearings officer, appointed by the chairperson as a designated representative of the board. A panel consisting of one member or of one member and one hearings officer shall be used only when considering adults in custody convicted of non person-to-person crimes as defined in the rules of the Oregon Criminal Justice Commission. The chairperson of the board from time to time shall make assignments of members to the panels. The chairperson of the board may participate on any panel. (3) The chairperson shall apportion matters for decision to the panels. Each panel shall have the authority to hear and determine all questions before it. However: (a) If there is a division in the panel so that a decision is not unanimous, another member shall vote after administrative review of the record. (b) In case of a panel consisting of one board member, another member shall vote after administrative review of the record. (c) If the original panel was made up of one board member and the member voting after administrative review of the record disagrees with the decision, the matter shall be reassigned to a panel made up of the remaining board members. If this second panel agrees with neither member of the original panel, the matter will be referred to a hearing before the full board. (4) The provisions of subsections (1) to (3) of this section shall not apply to a decision to release a prisoner sentenced under ORS 144.110 (1). In such cases, the board shall release the prisoner only upon affirmative vote of a majority of three board members or, if the chairperson requires all voting members to participate, a majority of all voting members. (5) The chairperson may elect to conduct the hearings described in this section by conference call with the prisoner.