Or. Admin. R. 839-050-0260
Current through Register Vol. 63, No. 9, September 1, 2024
Section 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.Or. Admin. R. 839-050-0260
BL 8-1986, f. & ef. 9-2-86; BL 10-1988, f. & cert. ef. 6-16-88; BL 4-1993(Temp), f. 4-7-93, cert. ef. 4-12-93; BL 8-1993, f. & cert. ef. 9-3-93, Renumbered from 839-030-0120; BL 12-1996, f. & cert. ef. 12-10-96; BLI 2-2000, f. & cert. ef. 1-27-00; BLI 15-2004, f. 11-1-04, cert. ef. 11-3-04; BLI 5-2014, f. & cert. ef. 4-15-14; BLI 8-2019, amend filed 07/01/2019, effective7/1/2019Statutory/Other Authority: ORS chapter 183 & ORS 651.060(4)
Statutes/Other Implemented: ORS 279C.860, 279C.865, 652.332(3), 653.065(1), 658.115, 658.407(3), 658.820, 659A.845 & 659A.850