OAR 291-066-0190
Witnesses

(1)

The AIC may present witnesses who have relevant information and may submit relevant documentary evidence at the hearing.

(2)

The AIC shall make their own arrangements for calling and presenting witnesses.

(3)

Witness statements may be taken in person, by telephone, or by written report or statement.

(4)

The AIC has the right to confront the persons or witnesses who have presented information against the AIC.

(5)

The Hearings Officer may deny confrontation of witnesses by the AIC if that confrontation would subject the witness to the risk of harm.

(6)

The Hearings Officer may limit, or exclude entirely, a witness’ oral or written statement(s) if the Hearings Officer determines that they are cumulative or irrelevant.

(7)

The Hearings Officer may exclude a witness from the hearing upon finding that the witness’ statement(s) would not assist the Hearings Officer in the resolution of the allegation(s), or that the witness’ participation or appearance at the hearing would be contraindicated. The reason(s) for the exclusion shall be made part of the record.

(8)

If the Hearings Officer denies confrontation of witnesses, the Hearings Officer shall state the reason(s) for the decision and conduct an independent examination of the witness on the record.

(9)

The Hearings Officer may not receive a hearsay statement from an unavailable witness for the purpose of establishing that the AIC violated a condition of transitional leave without first applying a balancing test. For purposes of this rule, a hearsay statement is defined as a statement, other than one made by the declarant while testifying at the revocation hearing, offered to prove the truth of the matter asserted. Relevant factors in the balancing process include, but are not limited to:

(a)

the importance of the evidence to the ultimate determination;

(b)

the offender’s opportunity to refute the evidence;

(c)

the difficulty and expense of obtaining witnesses; and

(d)

the nature and reliability of the evidence.

Source: Rule 291-066-0190 — Witnesses, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=291-066-0190.

Last Updated

Jun. 8, 2021

Rule 291-066-0190’s source at or​.us