§ 42-35-10 - Rules of evidence – Official notice.
SECTION 42-35-10
§ 42-35-10 Rules of evidence –Official notice. – In contested cases:
(1) Irrelevant, immaterial, or unduly repetitious evidenceshall be excluded. The rules of evidence as applied in civil cases in thesuperior courts of this state shall be followed; but, when necessary toascertain facts not reasonably susceptible of proof under those rules, evidencenot admissible under those rules may be submitted (except where precluded bystatute) if it is of a type commonly relied upon by reasonably prudent men andwomen in the conduct of their affairs. Agencies shall give effect to the rulesof privilege recognized by law. Objections to evidentiary offers may be madeand shall be noted in the record. Subject to these requirements, when a hearingwill be expedited and the interests of the parties will not be prejudicedsubstantially, any part of the evidence may be received in written form;
(2) Documentary evidence may be received in the form ofcopies or excerpts, if the original is not readily available. Upon request,parties shall be given an opportunity to compare the copy with the original;
(3) A party may conduct cross examinations required for afull and true disclosure of the facts;
(4) Notice may be taken of judicially cognizable facts. Inaddition, notice may be taken of generally recognized technical or scientificfacts within the agency's specialized knowledge; but parties shall be notifiedeither before or during the hearing, or by reference in preliminary reports orotherwise, of the material noticed, including any staff memoranda or data, andthey shall be afforded an opportunity to contest the material so noticed. Theagency's experience, technical competence, and specialized knowledge may beutilized in the evaluation of the evidence.