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ASHLEY v. PSYCHIATRIC SEC. REVIEW BD.

No. 78-108; CA 19432.

632 P.2d 15 (1981)

53 Or.App. 333

Elsie Lucina ASHLEY, Petitioner, v. PSYCHIATRIC SECURITY REVIEW BOARD, Respondent.

Court of Appeals of Oregon.

Decided August 3, 1981.

Attorney(s) appearing for the Case

Susan Longbrook, Portland, argued the cause for petitioner. With her on the brief was King & Longbrook, Portland.

Elise (Lisa) C. Brown, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

RICHARDSON, Presiding Judge.

Petitioner appeals an order of the Psychiatric Security Review Board (PSRB). The questions presented for our consideration are: (1) whether ORS 161.346(9), which provides that the standard of proof at PSRB hearings is by a preponderance of the evidence, violates petitioner's federal constitutional rights to due process and equal protection of the laws;1 and (2) whether there is substantial evidence in the record...

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