Conduct of Hearing
(1)Testimony shall be taken only on oath or affirmation.
(2)Each party shall have these rights:
(a)To call and examine parties and witnesses;
(b)To offer documents as evidence;
(c)To question the witnesses of other parties on any matter relevant to the issues even though that matter was not covered in the direct examination;
(d)To offer evidence to impeach any witness regardless of which party first called the witness to testify; and
(e)To offer rebuttal evidence.
(3)The taking of evidence in the hearing shall be controlled by the Administrative Law Judge in the manner best suited to ascertain the facts and safeguard the rights of the parties.
(4)The hearing shall be conducted in the English language. Upon reasonable advance request, a qualified interpreter shall be provided in accordance with ORS 183.418.
(5)For purposes of ORS 654.078 (Contesting violations)(6) and notwithstanding OAR 438-085-0026 (Definitions)(15) and sections (1) through (4) of this rule, the issue of the time fixed for correction of a serious violation may be determined based upon a hearing record consisting of affidavits, stipulations, and such other documentary evidence as permitted by the ALJ.
Rule 438-085-0825 — Conduct of Hearing,