Or. Admin. R. 584-019-0015 - Evidence
(1) Irrelevant,
immaterial, or unduly repetitious evidence shall be excluded, but erroneous
rulings on evidence shall not preclude Commission action on the record unless
shown to have substantially prejudiced the rights of a party. All other
evidence of a type commonly relied upon by reasonably prudent persons in
conduct of their serious affairs shall be admissible. Objections to evidentiary
offers may be made and shall be noted in the record. Any part of the evidence
may be received in written form.
(2) All evidence shall be offered and made a
part of the record in the case, except for matters stipulated to and except as
provided in section (4) of this rule. No other factual information or evidence
shall be considered in the determination of the case. Documentary evidence may
be received in the form of copies or excerpts, or by incorporation by
reference. The burden of presenting evidence to support a fact or position
rests on the opponent fact or position.
(3) The educator and the other party shall
have the right of cross examination of witnesses who testify and shall have the
right to submit rebuttal evidence.
(4) The hearing officer or the Commission may
take notice of judicially cognizable facts and general, technical, or
scientific facts as provided under OAR 137-003-0615.
(5) The hearing officer shall have discretion
to require the parties to submit prior to the hearing date documents which may
be introduced as evidence, names and addresses of witnesses, and other
information to facilitate the hearing. The hearing officer shall have
discretion to require the parties to submit proposed findings of fact and
conclusions of law.
Notes
Stat. Auth.: ORS 342
Stats. Implemented: ORS 342.175 -- ORS 342.190
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