Current through Register Vol. 41, No. 25, June 23, 2022
(a) A presiding
officer shall not be bound by technical rules of evidence but shall give the
parties reasonable opportunity to be heard and to present evidence. The
presiding officer shall act without partiality. The presiding officer shall
apply any rules of privilege that are recognized by law. Evidence shall not be
required to be excluded solely because the evidence is hearsay.
(b) All testimony of parties and witnesses
shall be made under oath or affirmation, and the presiding officer or the
presiding officer's designee who is legally authorized to administer an oath or
affirmation shall have the power to administer an oath or affirmation for that
(c) Documentary evidence
may be received in the form of a copy or excerpt, including electronically
stored information. Upon request, parties shall be given an opportunity to
compare the copy with the original, if available.
Official notice may be taken of the
(1) Any matter that could be
judicially noticed in the courts of this state; and
(2) the record of other proceedings before
the disciplinary review board or the commission.