OAR 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.

Source: Rule 839-050-0260 — Evidence, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-050-0260.

839‑050‑0000
Statement of Purpose 839‑050‑0010
Model Rules of Procedure 839‑050‑0020
Definitions 839‑050‑0030
Service of Documents 839‑050‑0040
Filing of Documents with the Contested Case Coordinator 839‑050‑0050
Timeliness 839‑050‑0060
Charging Documents 839‑050‑0070
Request for a Contested Case Hearing 839‑050‑0080
Notice of Hearing 839‑050‑0090
Location of Contested Case Hearings 839‑050‑0100
Information for Contested Case Hearings 839‑050‑0110
Representation of a Party in a Contested Case Proceeding 839‑050‑0120
Representation of a Claimant, Complainant, or Aggrieved Person in a Contested Case Proceeding 839‑050‑0130
Responsive Pleadings 839‑050‑0140
Amendments 839‑050‑0150
Motions 839‑050‑0160
Disqualification of Administrative Law Judge 839‑050‑0170
Joinder of Parties, Claimants, Complainants, or Aggrieved Persons 839‑050‑0190
Consolidation of Contested Case Proceedings 839‑050‑0200
Discovery 839‑050‑0210
Case Summary 839‑050‑0220
Informal Disposition of Contested Case 839‑050‑0230
Authority of the Administrative Prosecutor 839‑050‑0240
Responsibilities of the Administrative Law Judge 839‑050‑0250
Conduct of Hearings 839‑050‑0255
Telephone Hearings 839‑050‑0260
Evidence 839‑050‑0270
Exhibits 839‑050‑0280
Stipulation 839‑050‑0290
Witnesses 839‑050‑0300
Interpreters and Assistive Communication Devices 839‑050‑0310
Ex Parte Communications 839‑050‑0320
Official Notice 839‑050‑0330
Default 839‑050‑0340
Relief from Default 839‑050‑0350
Record of Proceeding 839‑050‑0360
Post-Hearing Briefs 839‑050‑0370
Proposed Orders 839‑050‑0380
Exceptions to Proposed Order 839‑050‑0400
Agency Policy 839‑050‑0410
Reopening the Contested Case Record 839‑050‑0420
Final Order 839‑050‑0430
Final Order by Default 839‑050‑0445
Proceedings on Prevailing Wage Rate Determinations 839‑050‑0450
Proceedings on Apprenticeship and Training Division Hearings
Last Updated

Jun. 8, 2021

Rule 839-050-0260’s source at or​.us