Or. Admin. R. 438-007-0017 - Impeachment Evidence

(1) Impeachment evidence is material which:

(a) Attacks the capacity of the witness to perceive, recall or recount;

(b) Tends to establish that the witness has a character for untruthfulness;

(c) Establishes prior convictions for felonies or crimes involving false statement or dishonesty;

(d) Tends to establish bias;

(e) Reveals a prior material inconsistent statement;

(f) Reveals material contradictions in statements made by the witness;

(g) 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.

Notes

Or. Admin. R. 438-007-0017

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. 3-1-98

Stat. Auth.: ORS 656.726(4) & ORS 654.025(2)

Stats. Implemented: ORS 656.726(4)