8 AAC 57.190 - Evidence
(a) The introduction of new or additional
evidence is not permitted in an appeal, except as provided in
AS
23.30.128(a) and
(c).
(b) If new or additional evidence is
permitted, the commission is not bound by common law or statutory rules of
evidence, except that rules of privilege apply to the same extent that they
apply in the Alaska Court System. The chair may admit any evidence of the type
on which a reasonable person might rely in the conduct of serious
affairs.
(c) The chair may
(1) refuse to admit evidence that is unduly
repetitious or likely to arouse prejudice or passion unrelated to the matter in
issue; or
(2) exclude any
documentary, testimonial, or physical evidence that was not disclosed in
advance of filing to all parties, unless the failure to disclose was due to
surprise, newly discovered evidence that could not have been disclosed sooner
through the exercise of due diligence, or the misconduct of a party.
(d) If new or additional evidence
is permitted, oral evidence may be taken only on oath or affirmation.
Notes
Authority:AS 23.30.008
AS 23.30.009
AS 23.30.125
AS 23.30.128
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