Or. Admin. Code § 586-030-0055

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

Section 586-030-0055 - Evidentiary Standard, Objections, Standard of Proof, Burdens and Privileges

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

(2) Evidence must be objected to at the time it is offered or the objection is waived.

(3) All offered evidence, not objected to, will be received by the panel subject to the power to exclude irrelevant, immaterial, or unduly repetitious matter.

(4) Objections to evidence may be ruled on at the hearing or the evidence may be conditionally received subject to a ruling on its admissibility or exclusion as part of the Final Order.

(5) The degree of proof of all factual determinations by the panel shall be based on the preponderance of the evidence standard.

(6) The burden of presenting evidence to support a fact or proposition rests on the proponent of the fact or proposition at all stages of the proceeding, including motions, at hearing and for any post-hearing matter.

(7) The burden of proof rests with the party legally responsible to establish the particular fact or proposition.

(8) The panel shall acknowledge privileges recognized by law when receiving evidence and ruling on objections.

Or. Admin. Code § 586-030-0055

FDA 6, ef. 3-11-75 (Temp), 4-11-75 (Perm); FDA 1-1981, f. & ef. 3-20-81; FDA 1-1985, f. 3-25-85, ef. 3-27-85;FDA 1-1997(Temp), f. & cert. ef. 12-15-97 thru 6-13-98; FDAB 1-1998, f. & cert. ef. 6-4-98; FDAB 1-2001(Temp), f. & cert. ef. 7-13-01 thru 1-2-02; FDAB 2-2001, f. & cert. ef. 12-31-01; FDAB 2-2001, f. & cert. ef. 12-31-01

Stat. Auth.: ORS 183 & ORS 342

Stats. Implemented: ORS 864, OL 2001