Oregon Revised Statutes

Or. Rev. Stat. § 144.347 (2026)

Subpoena power of board; reimbursement for costs; contempt proceedings

✓ current as of May 2026

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144.347 Subpoena power of board; reimbursement for costs; contempt proceedings. (1) Upon request of any party to the hearing provided in ORS 144.343 and upon a proper showing of the general relevance and reasonable scope of the testimony to be offered, the board or its designated representatives shall issue subpoenas requiring the attendance and testimony of witnesses. In any case, the board, on its own motion, may issue subpoenas requiring the attendance and testimony of witnesses.

(2) Upon request of any party to the hearing provided in ORS 144.343 and upon a proper showing of the general relevance and reasonable scope of the documentary or physical evidence sought, the board or its designated representative shall issue subpoenas duces tecum. In any case, the board, on its own motion, may issue subpoenas duces tecum.

(3) Witnesses appearing under subpoena, other than the parties or state officers or employees, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415 (2). If the board or its designated representative certifies that the testimony of a witness was relevant and material, any person who has paid fees and mileage to that witness shall be reimbursed by the board.

(4) If any person fails to comply with a subpoena issued under subsection (1) or (2) of this section or any party or witness refuses to testify regarding any matter on which the party or witness may be lawfully interrogated, the judge of the circuit court of any county, on the application of the board or its designated representative or of the party requesting the issuance of the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued by the court. [1973 c.694 §15; 1983 c.489 §3; 1989 c.980 §7]

Notes of Decisions

Cited in 2 cases, 2009–2015 · leading case: O'HARA v. Bd. of Parole, 203 P.3d 213 (Or. 2009).

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O'HARA v. Bd. of Parole, 203 P.3d 213 (Or. 2009). · cites it 5× “ORS 144.347(1) 8 and OAR 255-075-0036 9 provide for the issuance *52 of subpoenas to require the attendance of witnesses on a “proper” showing of the “relevance and reasonable scope” of the anticipated testimony.”

Smith v. Bd. of Parole & Post-Prison Supervision, 343 P.3d 245 (Or. Ct. App. 2015). · cites it 6× “343 and ORS 144.347. 8 ORS 144.343, which prescribes procedures for parole revocation hearings, expressly states that the parolee shall *465 be given written notice of, inter alia, “ [t]he parolee’s right to subpoena witnesses under ORS 144.”

— Or. Rev. Stat. § 144.347(1) — 2 cases

O'HARA v. Bd. of Parole, 203 P.3d 213 (Or. 2009). “ORS 144.347(1) 8 and OAR 255-075-0036 9 provide for the issuance *52 of subpoenas to require the attendance of witnesses on a “proper” showing of the “relevance and reasonable scope” of the anticipated testimony.”

Smith v. Bd. of Parole & Post-Prison Supervision, 343 P.3d 245 (Or. Ct. App. 2015). “343 and ORS 144.347. 8 ORS 144.343, which prescribes procedures for parole revocation hearings, expressly states that the parolee shall *465 be given written notice of, inter alia, “ [t]he parolee’s right to subpoena witnesses under ORS 144.”

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