Or. Admin. Code § 859-550-0040

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

Section 859-550-0040 - Objections to Evidence

The chairperson or acting chairperson shall rule on questions of evidence. Hearsay evidence shall not be excluded unless the chairperson or acting chairperson determines the evidence is not material, relevant or reliable.

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

(a) The age and source of documents;

(b) The ability of a witness to have observed and have personal knowledge of an incident;

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

(2) The youth, the youth's attorney or attorney representing the state may object to any evidence. The Board shall then decide to do one of the following:

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

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

(c) 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.

Or. Admin. Code § 859-550-0040

PSRB 2-2010, f. & cert. ef. 9-28-10

Stat. Auth.: ORS 161.387, OL 2007, Ch. 889 § 6 (SB 328)

Stats. Implemented: ORS 161.346, 161.395, 419C.532