OAR 584-019-0015: Evidence

(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but erroneous rulings on evidence shall not preclude Commission action on the record unless shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in conduct of their serious affairs shall be admissible. Objections to evidentiary offers may be made and shall be noted in the record. Any part of the evidence may be received in written form. (2) All evidence shall be offered and made a part of the record in the case, except for matters stipulated to and except as provided in section (4) of this rule. No other factual information or evidence shall be considered in the determination of the case. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. The burden of presenting evidence to support a fact or position rests on the opponent fact or position. (3) The educator and the other party shall have the right of cross examination of witnesses who testify and shall have the right to submit rebuttal evidence. (4) The hearing officer or the Commission may take notice of judicially cognizable facts and general, technical, or scientific facts as provided under OAR 137-003-0615. (5) The hearing officer shall have discretion to require the parties to submit prior to the hearing date documents which may be introduced as evidence, names and addresses of witnesses, and other information to facilitate the hearing. The hearing officer shall have discretion to require the parties to submit proposed findings of fact and conclusions of law.