OAR 859-400-0170
Objections to Evidence

The presiding officer shall rule on questions of evidence. All evidence shall be admitted unless the presiding officer determines the evidence is not material, not relevant, or not reliable.
(1) In determining whether the evidence is material, relevant, or reliable, the presiding officer shall consider the following:
(a) Whether the evidence is of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs;
(b) The age and source of the documents;
(c) The ability of the witness to have observed and had personal knowledge of the incidents; and
(d) The credibility of the witness and whether the witness has bias or interest in the matter.
(2) Hearsay evidence shall be admissible unless the presiding officer determines that the hearsay evidence is not reliable based upon the quantity and quality of supporting and opposing evidence and on the entire circumstantial setting in which the hearsay evidence is offered. In determining the admissibility of hearsay evidence, the presiding officer shall consider the following factors, including, but not limited to:
(a) The alternative to relying on the hearsay evidence;
(b) The importance to the outcome of the proceeding of the facts sought to be proved by the hearsay statements;
(c) The economy and necessity to the proceeding in using the hearsay evidence;
(d) The ability of the party to cross-examine the particular hearsay statements or evidence; and
(e) The consequences to either the party or the Panel of admitting the hearsay evidence.
(3) A party may object to any evidence offered at the relief hearing. The presiding officer shall rule on an objection in the following manner:
(a) To sustain the objection and deny the admission and consideration of the evidence on the grounds that it is not material, relevant or reliable;
(b) To overrule the objection and admit the evidence and in considering the weight given to that evidence, consider the reason for the objection; or
(c) To grant a continuance for a period not to exceed 60 days to allow a witness to appear or be subpoenaed to testify about the evidence under consideration.

Source: Rule 859-400-0170 — Objections to Evidence, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=859-400-0170.

859‑400‑0001
Background/Purpose of Rules/Applicability 859‑400‑0005
Definitions 859‑400‑0010
Sex Offender Risk Assessment Methodology 859‑400‑0015
Classifying Agency/Sharing of Records 859‑400‑0020
Timelines for Classifying Registrants 859‑400‑0025
Failure of Registrant to Participate in the Risk Assessment/Failure to Provide Information for Assessment 859‑400‑0030
Procedures for Classifying and Notifying Adult Male Registrants 859‑400‑0035
Procedures for Classifying and Notifying Young Male Registrants, Female Registrants, and Category B Registrants 859‑400‑0040
Releasing Information to the Public and Law Enforcement 859‑400‑0045
Requests for Reclassification/Relief 859‑400‑0050
Petition for Relief 859‑400‑0060
Time Frame 859‑400‑0070
Timing of Relief Hearing 859‑400‑0080
Notice of Relief Hearing/Request for Continuance/Withdrawal of Petition 859‑400‑0090
Principal Issue before the Panel/Challenges to Initial Sex Offender Risk Score 859‑400‑0100
Quorum and Decisions of Sex Offender Relief Panel 859‑400‑0110
Public Meetings Law 859‑400‑0120
Records 859‑400‑0130
Confidentiality 859‑400‑0140
Evidence Considered 859‑400‑0150
Motion Practice 859‑400‑0160
Independent Examination of Petitioner 859‑400‑0170
Objections to Evidence 859‑400‑0180
Witnesses and Documents 859‑400‑0190
Testimony Given on Oath 859‑400‑0200
Standard and Burden of Proof 859‑400‑0210
Mandatory Personal Appearance 859‑400‑0220
Decisions of the Panel 859‑400‑0230
Submission of Final Order of Relief to Oregon State Police
Last Updated

Jun. 8, 2021

Rule 859-400-0170’s source at or​.us