(1) The presiding
officer shall rule on admissibility of evidence and may, where appropriate,
take official notice of facts in accordance with all applicable requirements of
(2) Stipulation of facts is
encouraged. The presiding officer may make a decision based on stipulated
(3) Evidence in the
proceeding shall be confined to the issues as to which the parties received
notice prior to the hearing unless the parties waive their right to such notice
or the presiding officer determines that good cause justifies expansion of the
issues. If the presiding officer decides to admit evidence on issues outside
the scope of the notice over the objection of a party who did not have actual
notice of those issues, that party, upon timely request, shall receive a
continuance sufficient to amend pleadings and to prepare on the additional
The party seeking
admission of an exhibit must provide opposing parties with an opportunity to
examine the exhibit prior to the ruling on its admissibility. Copies of
documents should normally be provided to opposing parties.
All exhibits admitted into evidence shall be appropriately
marked and be made part of the record.
(5) Any party may object to specific evidence
or may request limits on the scope of any examination or cross-examination.
Such an objection shall be accompanied by a brief statement of the grounds upon
which it is based. The objection, the ruling on the objection, and the reasons
for the ruling shall be noted in the record. The presiding officer may rule on
the objection at the time it is made or may reserve a ruling until the written
(6) Whenever evidence is
ruled inadmissible, the party offering that evidence may submit an offer of
proof on the record. The party making the offer of proof for excluded oral
testimony shall briefly summarize the testimony or, with permission of the
presiding officer, present the testimony. If the excluded evidence consists of
a document or exhibit, it shall be marked as part of an offer of proof and
inserted in the record.