Or. Admin. R. 291-066-0190 - Witnesses
(1) The AIC may
present witnesses who have relevant information and may submit relevant
documentary evidence at the hearing.
(2) The AIC shall make their own arrangements
for calling and presenting witnesses.
(3) Witness statements may be taken in
person, by telephone, or by written report or statement.
(4) The AIC has the right to confront the
persons or witnesses who have presented information against the AIC.
(5) The Hearings Officer may deny
confrontation of witnesses by the AIC if that confrontation would subject the
witness to the risk of harm.
(6)
The Hearings Officer may limit, or exclude entirely, a witness' oral or written
statement(s) if the Hearings Officer determines that they are cumulative or
irrelevant.
(7) The Hearings
Officer may exclude a witness from the hearing upon finding that the witness'
statement(s) would not assist the Hearings Officer in the resolution of the
allegation(s), or that the witness' participation or appearance at the hearing
would be contraindicated. The reason(s) for the exclusion shall be made part of
the record.
(8) If the Hearings
Officer denies confrontation of witnesses, the Hearings Officer shall state the
reason(s) for the decision and conduct an independent examination of the
witness on the record.
(9) The
Hearings Officer may not receive a hearsay statement from an unavailable
witness for the purpose of establishing that the AIC violated a condition of
transitional leave without first applying a balancing test. For purposes of
this rule, a hearsay statement is defined as a statement, other than one made
by the declarant while testifying at the revocation hearing, offered to prove
the truth of the matter asserted. Relevant factors in the balancing process
include, but are not limited to:
(a) the
importance of the evidence to the ultimate determination;
(b) the offender's opportunity to refute the
evidence;
(c) the difficulty and
expense of obtaining witnesses; and
(d) the nature and reliability of the
evidence.
Notes
Statutory/Other Authority: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421-500 to 421.512
Statutes/Other Implemented: ORS 179.040, 423.020, 423.030, 423.075, 421.168 & 421-500 to 421.512
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