A. Technical Matter. When evidence to be
presented consist of technical matter or figures so numerous to make oral
presentation difficult to follow, it shall be presented in exhibit form,
supplemented and explained by oral testimony.
B. Withdrawal of Exhibits. No exhibit
received in evidence may be withdrawn except with the approval of the presiding
officer at the hearing.
(1) The presiding
officer may, in his discretion, allow documentary evidence that is unavailable
at the time of hearing to be marked as a late-filed exhibit and offered as
evidence after the close of hearing if (a) the evidence proposed to be
submitted is described at the hearing with sufficient particularity to apprise
all parties of its content and purpose; and (b) the parties agree that the
evidence may be offered as a late-filed exhibit, or the presiding officer so
(2) Unless another date or
dates are specified by the presiding officer, late-filed exhibits may be
offered no later than ten (10) days after the last day upon which a hearing is
held or five (5) days before the first date on which briefs must be submitted,
whichever is earlier. A copy of each late-filed exhibit must be provided to
each party at the same time that it is offered.
(3)The agreement of the parties or the order
of the presiding officer to allow the offering of such an exhibit shall not
constitute admission of that document into evidence. Any party may, within five
(5) days after an offer of any late-filed exhibit, object to its admission
and/or request an opportunity to conduct cross-examination or to present
rebuttal evidence in connection with the exhibit, unless that party has plainly
and specifically waived its rights to do so on the record of the hearing at
which leave to offer the exhibit was granted.
(4) No less than five (5) days after the
offer the presiding officer shall rule on the admissibility of each late-filed
exhibit and include his ruling in the record of the proceeding. If a timely and
valid objection or request for opportunity to cross-examine or to offer
rebuttal has been made, the presiding officer may, in his discretion, either
(a) exclude the exhibit; or (b) schedule a supplementary hearing to receive
further evidence and rule on admissibility of the exhibit. In no event shall a
supplemental hearing be scheduled if such would result in extending the time
reasonably necessary for decision on the merits of the proceeding beyond the
end of a period, fixed by statute or rule, within which the Superintendent is
required to render his final order.