Or. Admin. Code § 291-066-0200 - Evidence

(1) The Hearings Officer may receive the following as evidence at a revocation hearing:

(a) Oral testimony under oath;

(b) Affidavits or other sworn statements;

(c) Letters;

(d) Documents;

(e) Reports made in the course of official duty or professional practice (e.g., reports of law enforcement agencies, parole and post-prison supervision officers, doctors, psychologists, attorneys);

(f) Uncertified copies of letters, documents, or reports shall be admissible in a revocation hearing if there is a reasonable showing by the person submitting the exhibit item that the copy is reliable;

(g) Evidence of criminal activity even when charges have been dismissed, not brought, or the AIC has been acquitted at trial;

(h) Any evidence determined to be material, relevant, and reliable, regardless of its nature.

(2) The AIC shall make their own arrangements for presenting evidence.

(3) The Hearings Officer may exclude documents or physical evidence upon making a finding that such evidence would pose a hazard to facility security or would not assist in the resolution of the allegation(s). The reason for exclusion shall be made part of the record.

(4) The Hearings Officer may classify documents or physical evidence as confidential upon making a finding that revealing such evidence would pose a threat to the safety of the person providing the evidence, or others.

(5) The Hearings Officer shall make confidential evidence received a sealed part of the record without disclosing the identity of the witness.

(6) When a witness is unavailable, the Hearings Officer may receive statements in the form of documentary evidence. The Hearings Officer shall determine the reliability and relevance of the absent witness's statement.

Notes

Or. Admin. Code § 291-066-0200

DOC 11-2020, temporary adopt filed 07/16/2020, effective 7/16/2020 through 1/11/2021; DOC 1-2021, adopt filed 01/05/2021, effective 1/5/2021

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