Or. Admin. Code § 839-050-0260 - Evidence
(1) All evidence of
the type commonly relied upon by reasonably prudent persons in the conduct of
their serious affairs, including hearsay if reliable, will be
admissible.
(2) Irrelevant,
immaterial, or unduly repetitious evidence may be excluded.
(3) The burden of presenting evidence to
support a fact or proposition rests on the proponent of that fact or
proposition.
(4) The burden of
presenting evidence to establish a prima facie case rests with the
Agency.
(5) When appropriate, the
burden of proving failure to mitigate damages rests with the party opposing
damages.
(6) Any witness, including
Agency staff, may submit evidence to the Administrative Law Judge.
(7) All offered evidence to which there is no
objection may be received by the Administrative Law Judge subject to the
Administrative Law Judge's power to exclude irrelevant, immaterial, or unduly
repetitious evidence.
(8) Evidence
on which an objection is made may be taken by the Administrative Law Judge.
Rulings on the admissibility or exclusion of this evidence will be made at the
hearing or at the time the Proposed Order in the case is issued.
(9) Any declaration, affidavit, certificate,
or document included with a case summary or that a participant serves on the
other participants at least ten days before hearing may be offered and received
into evidence unless cross-examination is requested of the declarant, affiant,
certificate preparer, or other document preparer or custodian no later than
five days prior to hearing or, for good cause shown, by such other date as the
Administrative Law Judge may set. A declaration, affidavit, or certificate may
be offered and received with the same effect as oral testimony.
(10) If cross-examination is requested of the
declarant, affiant, certificate preparer, or other document preparer or
custodian as provided in section (9) of this rule and the preparer is not made
available for cross-examination, but the declaration, affidavit, certificate or
other document is offered in evidence, the same may be received in evidence,
provided the Administrative Law Judge determines that:
(a) The contents of the document are
otherwise admissible; and
(b) The
participant requesting cross-examination would not be substantially prejudiced
by the lack of cross-examination.
(11) The Administrative Law Judge will accept
an offer of proof made for excluded evidence. The Administrative Law Judge has
the discretion to decide when and in what form the offer of proof will be made
and may place reasonable time or page limits on the offer of proof.
Notes
Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4)
Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.