Oregon Administrative Rules › Chapter 309 - OREGON HEALTH AUTHORITY, HEALTH SYSTEMS DIVISION: BEHAVIORAL HEALTH SERVICES › Division 120 - PATIENT TRANSFERS › Section 309-120-0240 - 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 adults in custody, 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 adult in custody 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 adult in custody
			 intends to call witnesses, the adult in custody 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 adult in custody 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 adult in custody, subject to the exclusions and
			 restrictions provided in these rules. The hearings officer, rather than the
			 adult in custody, shall pose questions submitted by the adult in custody,
			 including questions on cross-examination, if any. The hearings officer may
			 briefly recess the hearing to allow the adult in custody, the adult in
			 custody'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 adult in custody 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.
Statutory/Other Authority: ORS
				  179.040,
				  179.473,
				  179.479 &
				  413.042
Statutes/Other Implemented: ORS
				  179.471-179.486 &
				  179.495-179.508