Or. Admin. Code § 115-010-0050

Current through Register Vol. 63, No. 10, October 1, 2024

Section 115-010-0050 - Rules of Evidence

Except for hearings conducted under the rules for Divisions 60 and 70, the following rules of evidence apply:

(1) Evidence of a type commonly relied on by reasonably prudent persons in conduct of their serious affairs shall be admissible.

(2) Irrelevant, immaterial or unduly repetitious evidence shall be excluded.

(3) All offered evidence, not objected to, may be received by the Board or Board Agent subject to the Board or Board Agent's discretion to exclude irrelevant, immaterial or unduly repetitious matter.

(4) Evidence objected to may be received by the Board Agent with rulings on its admissibility or exclusion to be made at the time a Recommended Order is issued.

(5) Rights of Party not Answering or Failing to Specifically Deny an Allegation. If the respondent fails to file a timely answer, it will not be allowed to present evidence at the hearing as to the facts alleged, unless it can establish good cause. Respondent will be restricted to making legal arguments.

Or. Admin. Code § 115-010-0050

ERB 1-1980, f. & ef. 1-9-80; ERB 1-2016, f. 11-9-16, cert. ef. 2/1/2017

Stat. Auth.: ORS 240.086(3), 243.766(7)

Stats. Implemented: ORS 240 & 243