Or. Admin. Code § 859-050-0040

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

Section 859-050-0040 - Objections

(1) Evidentiary objections: The Chairperson or acting Chairperson will rule on questions of evidence. Hearsay evidence will not be excluded unless the Chairperson or acting Chairperson determines the evidence is not material, relevant or reliable.

(a) In determining whether the evidence is material, relevant or reliable, the Board will consider the following:

(A) The age and source of the documents;

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

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

(b) The person, the person's attorney or attorney representing the state may object to any evidence. The Board may decide the following:

(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 of time not to exceed 60 days to allow a witness to appear or be subpoenaed to testify about the evidence under consideration.

(2) Board member objections. If an objection for good cause is made as determined by the Chairperson or Acting Chairperson, to a specific member of the Board sitting on the panel considering a specific case, that member will recuse him/herself and, if necessary, the hearing will be postponed and rescheduled.

Or. Admin. Code § 859-050-0040

PSRB 1-1985, f. 1-3-85, ef. 1-15-85; PSRB 5-2016, f. & cert. ef. 3/17/2016

Stat. Auth.: ORS 161

Stats. Implemented: ORS 161.346 & 161.385