Rule 5.1 Evidence and Procedure

(1) Rules of Evidence. The Oregon Rules of Evidence do not govern admissibility of evidence in disciplinary proceedings. Trial panels may admit and give effect to evidence that possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. Incompetent, irrelevant, immaterial, and unduly repetitious evidence should be excluded at any hearing conducted pursuant to these rules. The Adjudicator, or Trial Panel Chair, shall rule on all questions of the admissibility of evidence.

(2) Harmless Error. No error in procedure, in admitting or excluding evidence, or in ruling on evidentiary or discovery questions shall invalidate a finding or decision unless upon a review of the record as a whole, a determination is made that a denial of a fair hearing to either the Bar or the respondent has occurred.