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O'HARA v. BOARD OF PAROLE

(CA A130572; SC S055839).

203 P.3d 213 (2009)

346 Or. 41

Thomas Edward O'HARA, Petitioner on Review, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent on Review.

Supreme Court of Oregon.

Decided March 5, 2009.

Attorney(s) appearing for the Case

Kristin A. Carveth, Deputy Public Defender, Salem, argued the cause and filed the briefs for petitioner on review. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services, Salem.

Jeremy Rice, Assistant Attorney General, argued the cause and filed the brief for respondent on review. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

BALMER, J.

This administrative case raises a small but important issue respecting the procedures by which a party before an administrative agency can obtain witnesses to testify on his behalf. The Board of Parole and Post-Prison Supervision (board) denied petitioner Thomas O'Hara's request to present the testimony of eyewitnesses at a hearing on charges that he had violated the conditions of his post-prison supervision, concluding that the testimony would not be relevant...

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