Title 50, Chapter 13, Section 15
( 50-13-15)
In contested cases: (1) Irrelevant, immaterial, or unduly repetitious evidence shall
be excluded. The rules of evidence as applied in the trial of
civil nonjury cases in the superior courts shall be followed.
When necessary to ascertain facts not reasonably susceptible of
proof under such rules, evidence not admissible thereunder may be
admitted, except where precluded by statute, if it is of a type
commonly relied upon by reasonably prudent men in the conduct of
their affairs or if it consists of a report of medical,
psychiatric, or psychological evaluation of a type routinely
submitted to and relied upon by an agency in the normal course of
its business. 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 interest 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 or have it established as documentary evidence according
to the rules of evidence applicable to the superior courts of this
state; (3) A party may conduct such cross-examination as shall be
required for a full and true disclosure of the facts; (4) Official notice may be taken of judicially cognizable facts.
In addition, official notice may be taken of generally recognized
technical or scientific facts within the agency's specialized
knowledge. Parties shall be notified either before or during the
hearing, 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; and (5) Any hearing which is required or permitted hereunder may be
conducted by utilizing remote telephonic communications if the
record reflects that all parties have consented to the conduct of
the hearing by use of such communications and that such procedure
will not jeopardize the rights of any party to the hearing. |