Or. Admin. Code § 255-075-0036

Current through Register Vol. 63, No. 10, October 1, 2024

Section 255-075-0036 - Board Subpoenas; Witness

(1) Offenders shall make their own arrangements for calling and presenting witnesses. However, upon the request of any party to the hearing, and upon a proper showing of the relevance and reasonable scope of the testimony to be offered, the Sanction Authority or Hearings Officer shall issue subpoenas requiring the attendance and testimony of witnesses. In addition, the Sanction Authority or the Hearings Officer may subpoena documents when relevant.

(2) The Board shall reimburse fees and mileage as prescribed by law to witnesses appearing under subpoena, other than the parties, state officers or employees, provided the Hearing Officer or Sanction Authority certifies that the witness's testimony was relevant and material to the hearing.

(3) The offender may present witnesses who have relevant information, and has the right to confront the persons or witnesses who have presented information against the offender.

(4) The Hearings Officer or Sanction Authority may deny confrontation of witnesses by the offender if that confrontation would subject the witness to the risk of harm.

(5) If the Hearings Officer or Sanction Authority denies confrontation of witnesses, the Hearings Officer or Sanction Authority shall state the reason(s) for the decision and conduct an independent examination of the witness on the record.

Or. Admin. Code § 255-075-0036

2PB 1-1984(Temp), f. & ef. 11-19-84; 2PB 1-1985, f. & ef. 2-28-85; PAR 1-1988(Temp), f. 3-11-88, ef. 3-14-88; PAR 6-1988, f. & ef. 5-19-88; PAR 3-1989, f. 10-13-89, ef. 10-16-89; PAR 3-1992, f. & cert. ef. 4-15-92; PAR 11-1997(Temp), f. & cert. ef. 11-14-97; PAR 1-1998, f. & cert. ef. 5-11-98

Stat. Auth.: ORS 144.347

Stats. Implemented: ORS 144.096, ORS 144.098, ORS 144.102, ORS 144.106, ORS 144.108, ORS 144.346 & Ch. 525 OL 1997 (Enrolled SB 156)