Or. Admin. Code § 859-400-0170

Current through Register Vol. 63, No. 12, December 1, 2024

Section 859-400-0170 - Objections to Evidence

The presiding officer shall rule on questions of evidence. All evidence shall be admitted unless the presiding officer determines the evidence is not material, not relevant, or not reliable.

(1) In determining whether the evidence is material, relevant, or reliable, the presiding officer shall consider the following:

(a) Whether the evidence is of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs;

(b) The age and source of the documents;

(c) The ability of the witness to have observed and had personal knowledge of the incidents; and

(d) The credibility of the witness and whether the witness has bias or interest in the matter.

(2) Hearsay evidence shall be admissible unless the presiding officer determines that the hearsay evidence is not reliable based upon the quantity and quality of supporting and opposing evidence and on the entire circumstantial setting in which the hearsay evidence is offered. In determining the admissibility of hearsay evidence, the presiding officer shall consider the following factors, including, but not limited to:

(a) The alternative to relying on the hearsay evidence;

(b) The importance to the outcome of the proceeding of the facts sought to be proved by the hearsay statements;

(c) The economy and necessity to the proceeding in using the hearsay evidence;

(d) The ability of the party to cross-examine the particular hearsay statements or evidence; and

(e) The consequences to either the party or the Panel of admitting the hearsay evidence.

(3) A party may object to any evidence offered at the relief hearing. The presiding officer shall rule on an objection in the following manner:

(a) To sustain the objection and deny the admission and consideration of the evidence on the grounds that it is not material, relevant or reliable;

(b) To overrule the objection and admit the evidence and in considering the weight given to that evidence, consider the reason for the objection; or

(c) To grant a continuance for a period not to exceed 60 days to allow a witness to appear or be subpoenaed to testify about the evidence under consideration.

Or. Admin. Code § 859-400-0170

PSRB 3-2018, adopt filed 11/28/2018, effective 12/1/2018

Statutory/Other Authority: ORS 161.387(1) & ORS 163A.125

Statutes/Other Implemented: ORS 161.387(1) & ORS 163A.125