§ 42-35-10. Rules of evidence — Official notice.
In contested cases:
(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules
of evidence as applied in civil cases in the superior courts of this state shall be
followed; but, when necessary to ascertain facts not reasonably susceptible of proof
under those rules, evidence not admissible under those rules may be submitted (except
where precluded by statute) if it is of a type commonly relied upon by reasonably
prudent men and women in the conduct of their affairs. Agencies shall give effect
to the rules of privilege recognized by la
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§ 42-35-10. Rules of evidence — Official notice.
In contested cases:
(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules
of evidence as applied in civil cases in the superior courts of this state shall be
followed; but, when necessary to ascertain facts not reasonably susceptible of proof
under those rules, evidence not admissible under those rules may be submitted (except
where precluded by statute) if it is of a type commonly relied upon by reasonably
prudent men and women in the conduct of their affairs. Agencies shall give effect
to the rules of privilege recognized by law. Objections to evidentiary offers may
be made and shall be noted in the record. Subject to these requirements, 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;
(2) Documentary evidence may be received in the form of copies 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 a full and true disclosure of
the facts;
(4) Notice may be taken of judicially cognizable facts. In addition, notice may be taken
of generally recognized technical or scientific facts within the agency's specialized
knowledge; but parties shall be notified either before or during the hearing, or by
reference in preliminary reports or otherwise, of the material noticed, including
any staff memoranda or data, and they shall be afforded an opportunity to contest
the material so noticed. The agency's experience, technical competence, and specialized
knowledge may be utilized in the evaluation of the evidence.