Impeachment evidence is material which:
Attacks the capacity of the witness to perceive, recall or recount;
(b) Tends to establish that the witness has a
character for untruthfulness;
Establishes prior convictions for felonies or crimes involving false statement
(d) Tends to
(e) Reveals a prior
material inconsistent statement;
(f) Reveals material contradictions in
statements made by the witness;
Attacks the expertise of a witness through learned treatises.
(2) Impeachment evidence
consisting of medical or vocational reports not used during the course of the
hearing must be provided to any opposing party at the conclusion of the
presentation of evidence and before closing arguments are presented. Any other
withheld impeachment evidence is not subject to disclosure.
(3) Impeachment evidence shall not be
considered by the Administrative Law Judge as substantive evidence, unless the
opposing party offers any withheld evidence as substantive evidence.
Or. Admin. R.
WCB 5-1987, f. 12-18-87,
ef. 1-1-88; WCB 1-1994, f. 11-1-94, cert. ef. 1-1-95; WCB 2-1995, f. 11-13-95,
cert. ef. 1-1-96; WCB 2-1997, f. 12-12-97, cert. ef.
Stat. Auth.: ORS
& ORS 654.025(2)
Stats. Implemented: ORS