§ 16-3-108 — Contested cases; admissible evidence; cross-examination; judicial notice

(a) In contested cases irrelevant, immaterial or unduly
repetitious evidence shall be excluded and no sanction shall be
imposed or order issued except upon consideration of the whole
record or such portion thereof as may be cited by any party and
unless supported by the type of evidence commonly relied upon by
reasonably prudent men in the conduct of their serious affairs.
Agencies shall give effect to the rules of privilege recognized
by law. Subject to these requirements and agency rule if the
interests of the parties will not be prejudiced substantially
testimony may be received in written form subject to the right
of cross-examination as provided in subsection (c) of this
section.
(b) 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 opportunity to compare the
copy with the original.
(c) A party may conduct cross-examinations required for a
full and true disclosure of the facts and a party is entitled to
confront all opposing witnesses.
(d) Notice may be taken of judicially cognizable facts. In
addition notice may be taken of technical or scientific facts
within the agency's specialized knowledge or of information,
data and material included within the agency's files. The
parties shall be notified either before or during the hearing or
after the hearing but before the agency decision of material
facts noticed, and they shall be afforded an opportunity to
contest the facts noticed.