Or. Admin. R. 255-075-0045 - Evidence; Subpoena of Documents

(1) The Sanction Authority or Hearings Officer may receive the following as evidence at a violation 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 offender has been acquitted at trial;

(h) Reliable hearsay evidence; or

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

(2) Upon the request of any party to the hearing, the Sanction Authority, or Hearings Officer, may issue a subpoena duces tecum upon a proper showing of relevant and reasonable scope of the documentary or physical evidence being sought. Otherwise, the offender shall make the offender's own arrangements for presenting evidence.

(3) The Sanction Authority or 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 Sanction Authority or 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.

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

(6) When a witness is unavailable, the Sanction Authority or Hearings Officer may receive statements in the form of documentary evidence. The Sanction Authority or Hearings Officer shall determine at an in-camera hearing the reliability and relevance of the absent witness's statement.

Notes

Or. Admin. R. 255-075-0045

2PB 1-1979, f. & ef. 2-1-79; 2PB 12-1981(Temp), f. & ef. 11-25-81; 2PB 1-1982, f. & ef. 5-19-82; 2PB 1-1984(Temp), f. & ef. 11-19-84; 2PB 1-1985, f. & ef. 2-28-85; PAR 1-1988(Temp), f. 3-11-88, ef. 3-14-88; PAR 6-1988, f. & ef. 5-19-88; PAR 3-1989, f. 10-13-89, ef. 10-16-89; PAR 8-1992, f. & cert. ef. 10-9-92; PAR 1-1998, f. & cert. ef. 5-11-98

Stat. Auth.: ORS 144.050, ORS 144.140 & ORS 144.343

Stats. Implemented: ORS 144.096, ORS 144.098, ORS 144.102, ORS 144.106, ORS 144.108, ORS 144.346 & Ch. 525 OL 1997 (Enrolled SB 156)