Alcoholic Liquors Generally

ORS 471.770
Self-incrimination as a basis for refusing to testify or produce books


No person shall be excused from testifying or from producing any books, papers or documents in any investigation or inquiry by or upon any hearing before the Oregon Liquor Control Commission or any commissioner when ordered so to do by the commission or any of its authorized agents, upon the ground that the testimony, evidence, books, papers or documents required of the person may tend to incriminate the person or subject the person to penalty or forfeiture. No person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which the person shall, under oath, have, by order of the commission, or a commissioner, or any of its authorized agents, testified to or produced documentary evidence of; but no person so testifying shall be exempt from prosecution or punishment for any perjury committed by the person in testimony. [Amended by 1953 c.101 §2]

Notes of Decisions

Under this section, witness who testifies at Oregon Liquor Control Commission hearing under compulsion of Commission's subpoena may not be prosecuted for any matter about which he or she testifies, despite fact that witness has not first asserted right against self-incrimination. State v. Strance, 95 Or App 488, 769 P2d 793 (1988)

To be entitled to immunity under this section, witness must invoke right to refuse to testify and commission must then decide whether to issue post-invocation order. 7455 Incorporated v. OLCC, 310 Or 477, 800 P2d 781 (1990)

Chapter 471

Atty. Gen. Opinions

Employment by OLCC of staff member as "hearings advocate" at certain OLCC contested case hearings, (1983) Vol 44, p 1

Law Review Citations

16 WLR 479 (1979)


Source

Last accessed
Jun. 26, 2021