Oregon Administrative Rules
Chapter 859 - PSYCHIATRIC SECURITY REVIEW BOARD
Division 50 - ADULT PSYCHIATRIC SECURITY REVIEW BOARD HEARING PROCEDURES
Section 859-050-0040 - Objections
Universal Citation: OR Admin Rules 859-050-0040
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Evidentiary objections: The Chairperson or acting Chairperson will rule on questions of evidence. Hearsay evidence will not be excluded unless the Chairperson or acting Chairperson determines the evidence is not material, relevant or reliable.
(a) In determining whether the
evidence is material, relevant or reliable, the Board will consider the
following:
(A) The age and source of the
documents;
(B) The ability of the
witness to have observed and had personal knowledge of the incidents;
(C) The credibility of the witness and
whether the witness has bias or interest in the matter.
(b) The person, the person's attorney or
attorney representing the state may object to any evidence. The Board may
decide the following:
(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 of time not to exceed 60 days to allow a
witness to appear or be subpoenaed to testify about the evidence under
consideration.
(2) Board member objections. If an objection for good cause is made as determined by the Chairperson or Acting Chairperson, to a specific member of the Board sitting on the panel considering a specific case, that member will recuse him/herself and, if necessary, the hearing will be postponed and rescheduled.
Stat. Auth.: ORS 161
Stats. Implemented: ORS 161.346 & 161.385
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