TITLE 53: INTERGOVERNMENTAL RELATIONS
CHAPTER I: STATE MANDATES BOARD OF APPEALS
PART 100 PROCEDURES
SECTION 100.150 EVIDENCE


 

Section 100.150  Evidence

 

a)         Irrelevant, immaterial or unduly repetitious evidence shall be excluded.  The rules of evidence and privilege as applied in civil cases in the Circuit Courts of this State shall be followed.  However, evidence not admissable under such rules of evidence 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.  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, any part of the evidence may be received in written form.

 

b)         Subject to the evidentiary requirements of Subsection (1) of this Section, a party may conduct cross-examination required for a full and fair disclosure of the facts.

 

c)         Notice may be taken of matters of which the Circuit Courts of this State may take judicial notice.  In addition, notice may be taken of generally recognized technical or scientific facts within the Agency's specified knowledge.  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 knowledge may be utilized by the Board in the evaluation of the evidence.