OAR 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.

Source: Rule 255-075-0045 — Evidence; Subpoena of Documents, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=255-075-0045.

255–075–0001
Definitions
255–075–0002
Suspension of Parole or Post-Prison Supervision
255–075–0003
Criteria for Allowing Offender to Remain in Community Pending Hearing
255–075–0004
Guidelines for “Best Interest” Return
255–075–0005
Hearing Requirement: Procedure
255–075–0006
Method of Hearing
255–075–0007
Designated Representative Conducts Hearing
255–075–0015
When Offender in Another Jurisdiction: Return
255–075–0025
Rights at Hearing
255–075–0026
Waiver of Hearing
255–075–0030
Board Rejection of Waiver
255–075–0031
Hearings Process
255–075–0035
Representation/Ability to Pay Attorney Fees
255–075–0036
Board Subpoenas
255–075–0040
Compelling of Witnesses: Contempt
255–075–0042
Probable Cause
255–075–0045
Evidence
255–075–0046
Postponement
255–075–0055
Reopening Hearings: Criteria
255–075–0056
Hearings Record
255–075–0065
Ten Day Period for Offender’s Evidence and Exceptions
255–075–0067
Final Action: Authority to Impose Administrative (Local) Sanctions, Revoke Supervision or Modify Conditions of Supervision
255–075–0070
Final Action: Procedure
255–075–0072
Re-release Order After Revocation
255–075–0073
Return to DOC for a Period of Greater than 12 Months
255–075–0075
Parolees/Offenders Convicted of New Crime in This or Another Jurisdiction
255–075–0078
Commencement Date for Prison Term Following a Violation
255–075–0079
Guidelines for Re-release
255–075–0080
Continuance on Parole or Supervision
255–075–0096
Denial of Rerelease Consideration
255–075–0097
Time for Future Disposition Hearing
255–075–0098
Restoration of Statutory and Meritorious Goodtime
255–075–0100
Future Disposition Hearing Packet
Last Updated

Jun. 8, 2021

Rule 255-075-0045’s source at or​.us