125-160-0930 Testimony of Witnesses (1) The hearings officer shall direct all scheduling and taking of testimony of witnesses at the hearing. Witnesses shall be limited to people with direct personal knowledge of the essential elements of the matters on appeal. Witnesses and testimony shall only be received from those who, and whose evidence, were made known to the Department in or between the filing of the claim and the request for review. Testimony may be taken in person, by telephone or by written report or statement. Testimony shall not be required in support or explanation of any evidence that these rules say shall be presumed true or constitute a rebuttable presumption. Reports of expert witnesses shall be sufficient evidence instead of testimony. (2) The claimant may request that the hearings officer schedule witnesses to present testimony at the hearing. The request shall: (a) Be delivered in writing to the hearings officer not less than 7 days before the scheduled hearing; (b) List the name and address of each witness whose testimony is desired; (c) Show the materiality of each witness; (d) Request that the hearings officer schedule the testimony; and (e) If claimant is not represented by attorney, provide a list of questions the claimant wishes to be posed to each witness. (3) The hearings officer shall arrange to receive testimony from the claimant’s requested witnesses subject to the provisions of these rules. (4) Making the reasons part of the record, the hearings officer may: (a) Limit testimony or exclude any question that is cumulative, repetitive, or immaterial. It shall be a rebuttable presumption that all questions pertaining to the attending physician’s or to the Department’s procedures, practices, or actions on the subject case or other cases are immaterial. (b) Exclude any evidence or witness or refuse to ask or permit any question upon finding that the testimony or evidence, if taken in the light most favorable to the claimant, together with the reasonable inferences to be drawn therefrom, would not substantially affect the Department’s decision; (c) Exclude any witnesses upon finding that their appearance at the hearing would present an immediate undue risk to the safe, secure, or orderly operation of corrections, specifically including the safety and security of corrections or Department employees and inmates. No Corrections or Department employee shall be required to release personal residence addresses or phone numbers nor other identifying information except name, official title and post and length of service when hearings officer finds such information pertinent. (d) Exclude any witness upon finding that the witness’ testimony would not assist the hearings officer in the resolution of the case before him or her. (5) The hearings officer may call witnesses to testify that were not requested by the parties and may pose any pertinent questions during the hearing. (6) Any witness may substitute a written report in place of actual testimony. If any witness resides in this state and is unwilling to appear or provide a written report in lieu of appearing, the Department may issue a subpoena as provided by ORS 183.440. (7) The identity of any confidential informant and the verbatim statement of the informant shall be submitted to the hearings officer in writing, but shall remain confidential. The hearings officer shall only rely on the testimony of a confidential informant if accompanied by information from which the hearings officer can find that the informant is a person who can be believed or the information provided by the informant is truthful. (8) With the permission of the Department of Justice, Department and Corrections may authorize agency representatives at any hearing. Statutory/Other Authority: ORS 184.340, 278.405, 655.520 & 655.555 Statutes/Other Implemented: ORS 655.505 - 655.555 History: DASII 2-1996, f. & cert. ef. 3-26-96 DASII 2-1995(Temp), f. & cert. ef. 9-28-95