OAR 859-200-0095: Objections to Evidence

The chairperson or acting chairperson shall rule on questions of evidence. Hearsay evidence shall not be excluded unless the chairperson or acting chairperson determines the evidence is not material, relevant or reliable. (1) In determining whether the evidence is material, relevant or reliable, the Board shall 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. (2) 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 reasonable period of time to allow a witness to appear or be subpoenaed to testify about the evidence under consideration.