Oregon Statutes 421.653 – Judicial review
(1) Except as provided in ORS § 421.647 and notwithstanding ORS § 183.400, 183.482, 183.484 or 197.825 or any other law, exclusive jurisdiction for review of the constitutionality of ORS § 421.635 to 421.651 and any decision relating to the siting of a women’s correctional facility and intake center complex under ORS § 421.637, 421.641, 421.643, 421.645 (8), 421.649 and 421.651 and section 8 (2), chapter 982, Oregon Laws 1999, is conferred upon the Supreme Court.
Terms Used In Oregon Statutes 421.653
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Department: means the Department of Corrections. See Oregon Statutes 421.005
- Director: means the Director of the Department of Corrections. See Oregon Statutes 421.005
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- local government: means all cities, counties and local service districts located in this state, and all administrative subdivisions of those cities, counties and local service districts. See Oregon Statutes 174.116
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(2) A person or local government adversely affected by ORS § 421.635 to 421.651 may institute a proceeding for review by filing with the Supreme Court a petition that meets the following requirements:
(a) The petition for review of the constitutionality of ORS § 421.635 to 421.657 and section 8 (2), chapter 982, Oregon Laws 1999, must be filed within 21 days after August 20, 1999. The petition must include the following:
(A) A statement of the constitutional provision providing a basis for the challenge.
(B) A statement and supporting affidavit showing how the petitioner is adversely affected.
(b) A petition for review of a decision made under ORS § 421.637, 421.641, 421.643, 421.645 (8), 421.649 and 421.651 and section 8 (2), chapter 982, Oregon Laws 1999, shall be filed within 21 days of issuance of the specific decision on which the petition is based.
(3) The petitioner shall serve a copy of the petition by registered or certified mail upon the Department of Corrections and the Attorney General.
(4) A petition filed under subsection (2)(b) of this section shall state the nature of the decision the petitioner desires reviewed and in what manner the decision below rejected the position raised by the petitioner.
(5) Within 30 days after service of the petition under subsection (2)(a) of this section, 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 or the Director of the Department of Corrections as to any issue of fact or issue within executive branch discretion.
(6) If the petition is filed under subsection (2)(b) of this section, the record shall include only:
(a) The director’s final report prepared under ORS § 421.641.
(b) The conditions, if any, on the proposed site.
(c) The transcript of the hearing before the department. However, on motion of the director, 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 director, 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 director.
(7) Upon review, the Supreme Court may reverse or remand a decision made under ORS § 421.637, 421.641, 421.643, 421.645 (8), 421.649 and 421.651 and section 8 (2), chapter 982, Oregon Laws 1999, if the Supreme Court finds the director, Department of Corrections or the Governor:
(a) Exceeded the statutory or constitutional authority of the decision maker; or
(b) Made a decision not supported by substantial evidence. For purposes of this subsection, ‘substantial evidence’ means evidence that, taken in isolation, a reasonable mind could accept as adequate to support a conclusion. The substantiality of the evidence shall not be evaluated by considering the whole record.
(8) Proceedings for review under this section shall be given priority over all other matters before the Supreme Court. [1999 c.982 § 12]