Sec. 4-178. Contested cases. Evidence.
Sec. 4-178. Contested cases. Evidence. In contested cases: (1) Any oral or documentary evidence may be received, but the agency shall, as a matter of policy, provide
for the exclusion of irrelevant, immaterial or unduly repetitious evidence; (2) agencies
shall give effect to the rules of privilege recognized by law; (3) when a hearing will be
expedited and the interests of the parties will not be prejudiced substantially, any part
of the evidence may be received in written form; (4) documentary evidence may be
received in the form of copies or excerpts, if the original is not readily available, and
upon request, parties and the agency conducting the proceeding shall be given an opportunity to compare the copy with the original; (5) a party and such agency may conduct
cross-examinations required for a full and true disclosure of the facts; (6) notice may
be taken of judicially cognizable facts and of generally recognized technical or scientific
facts within the agency's specialized knowledge; (7) parties shall be notified in a timely
manner of any material noticed, including any agency memoranda or data, and they
shall be afforded an opportunity to contest the material so noticed; and (8) the agency's
experience, technical competence, and specialized knowledge may be used in the evaluation of the evidence.
(1971, P.A. 854, S. 13; P.A. 73-620, S. 11, 19; P.A. 88-317, S. 14, 107.)
History: P.A. 73-620 deleted former provisions regarding rules of evidence and objections to evidentiary offers, replacing them with allowance for any oral or documentary evidence; P.A. 88-317 made minor and technical changes and
renumbered the subdivisions, effective July 1, 1989, and applicable to all agency proceedings commencing on or after
that date.
Evidence concerning charges not included in notice to teacher re hearing under section 10-151(b) is irrelevant. 167 C.
368. Having decided to proceed without counsel, plaintiff cannot claim he was prejudiced by admission of evidence to
which he did not object. 168 C. 94. Cited. Id., 435. Cited. 170 C. 141. Cited. 171 C. 691. Cited. 172 C. 263. Cited. 173 C.
462. Cited. 177 C. 78. Cited. 183 C. 128. Cited. 186 C. 153. Cited. 191 C. 173. Cited. 215 C. 616. Cited. 216 C. 627. Cited.
218 C. 256. Cited. 223 C. 618. Cited. 228 C. 651. Cited. 231 C. 602. Cited. 239 C. 32.
Cited. 1 CA 1. Cited. 4 CA 307. Cited. 9 CA 622. Cited. 33 CA 727. Cited. 34 CA 123. Cited. 37 CA 653; judgment
reversed, see 238 C. 361.
Cited. 34 CS 225. Cited. 36 CS 18. Cited. 39 CS 99; Id., 462. Cited. 42 CS 413; Id., 602.
Subdiv. (1):
Cited. 171 C. 705. Cited. 177 C. 344. Cited. 220 C. 86.
Cited. 4 CA 359. Cited. 10 CA 90.
Hearsay evidence may be admitted as long as it is reliable and probative. 47 CS 228.
Subdiv. (2):
Cited. 44 CS 21.
Subdiv. (3):
Cited. 211 C. 508. Cited. 215 C. 474.
Cited. 42 CS 1.
Subdiv. (4):
Cited. 211 C. 508.
Notice requirements are to protect parties from surprising and unexpected material or evidence. Previous findings of
insurance commissioner in same matter not prejudicial. 32 CS 257.
Subdiv. (5):
Cited. 226 C. 105. Cited. 237 C. 209.
Cited. 24 CA 662; judgment reversed, see 223 C. 618.
Subdiv. (6):
Cited. 22 CA 181, 189. Cited. 27 CA 346, 352, 353.
Subdiv. (7):
Cited. 27 CA 346.
Subdiv. (8):
Cited. 22 CA 193. Although parties are entitled to notice of any nonrecord facts that will constitute proof in a case, the
composition of an administrative board, as well as this statute, put plaintiff on notice that the board would use its own
expertise when determining whether plaintiff's alleged acts conformed to the standard of care. 60 CA 775.