Oregon Administrative Rules › Chapter 291 - DEPARTMENT OF CORRECTIONS › Division 47 - MENTAL HEALTH TREATMENT PROGRAM (INMATE ASSIGNMENT AND TRANSFER) › Section 291-047-0085 - Witnesses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The hearings
			 officer shall direct the scheduling and taking of testimony of witnesses at the
			 hearing. Witnesses may include inmates, employees, or other persons. Testimony
			 may be taken in person, by telephone, or by written report or
			 statement.
(2) Except as provided
			 in this subsection, a hearings officer must provide an inmate or his or her
			 representative with the opportunity to call witnesses to testify before the
			 hearings officer and to confront and cross-examine witnesses called by the
			 state. The hearings officer may deny the opportunity provided in this rule upon
			 a finding of good cause. Good cause includes, but is not limited to, an undue
			 risk to the safety, security, or orderly operation of the facility or an
			 immediate and grave detriment to the treatment of the individual due to
			 disclosure of psychiatric or psychological information, if medically
			 contraindicated by the treating physician or a licensed health care
			 professional. The reason(s) for any denial of the opportunity to call witnesses
			 or confront and cross-examine witnesses shall be made part of the
			 record.
(3) If the inmate intends
			 to call witnesses, the inmate must request that the hearings officer schedule
			 witnesses to present testimony at the hearing. The request must be submitted to
			 the hearings officer in writing in advance of the hearing, and include a list
			 of the person(s) the inmate requests to be called to testify and direct
			 examination questions to be posed to each person. The hearings officer shall
			 arrange for the taking of testimony from such witnesses as properly requested
			 by the inmate, subject to the exclusions and restrictions provided in these
			 rules. The hearings officer, rather than the inmate, shall pose questions
			 submitted by the inmate, including questions on cross-examination, if any. The
			 hearings officer may briefly recess the hearing to allow the inmate, the
			 inmate's assistant, or both, an opportunity to prepare cross-examination
			 questions.
(4) The hearings officer
			 may limit testimony when it is cumulative or irrelevant.
(5) All questions which may assist in the
			 resolution of the proceedings, as determined by the hearings officer, shall be
			 posed. The reason(s) for not posing a question will be made part of the
			 record.
(6) The hearings officer
			 may, on his or her own motion, call witnesses to testify.
(7) The hearings officer may exclude a
			 specific inmate or staff witness upon finding that the witness' testimony would
			 not assist in the resolution of the proceeding or presents an immediate undue
			 hazard to facility security. If a witness is excluded, the reason(s) shall be
			 made part of the record.
(8) The
			 hearings officer may exclude other persons as witnesses, after giving
			 reasonable consideration to alternatives available for obtaining witness
			 testimony, upon finding that the witness' testimony would not assist the
			 hearings officer in the resolution of the proceeding, the witness' appearance
			 at the hearing would present an undue risk to the safety, security, or orderly
			 operation of the facility or the safety of the witness or others, or that the
			 witness is not reasonably available. The reason(s) for exclusion shall be made
			 part of the record.
(9) Persons
			 other than staff requested as witnesses may refuse to appear or
			 testify.
Stat. Auth.: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch. 439
Stats. Implemented: ORS
				  179.040,
				  179.473,
				  179.475,
				  179.477,
				  179.478,
				  179.479,
				  423.020,
				  423.030 &
				  423.075, OL 2005, Ch.
				  439