(1) Irrelevant, immaterial or unduly
repetitious evidence shall be excluded but erroneous rulings on evidence shall
not preclude commission action on the record unless shown to have substantially
prejudiced the rights of a party. All other evidence of a type commonly relied
upon by reasonably prudent persons in conduct of their serious affairs shall be
admissible. The commission shall give effect to the rules of privilege
recognized by law. Objections to evidentiary offers may be made and shall be
noted in the record. Any part of the evidence may be received in written
(2) All evidence shall be
offered and made a part of the record in the case, and except for matters
stipulated to an except as provided in subsection (4) of this section no other
factual information or evidence shall be considered in the determination of the
case. Documentary evidence may be received in the form of copies or excerpts,
or by incorporation by reference. The burden of presenting evidence to support
a fact or position in a contested case rests on the proponent of the fact or
(3) Every party shall
have the right of cross examination of witnesses who testify and shall have the
right to submit rebuttal evidence. Persons appearing in a limited party status
shall participate in the manner and to the extent prescribed by rule of the
(4) The commission may
take notice of judicially cognizable facts, and may take official notice of
general, technical or scientific facts within its specialized knowledge.
Parties shall be notified at any time during the proceeding but in any event
prior to the final decision of material officially noticed and the sources of
the materials and they shall be afforded an opportunity to contest the facts so
noticed. The commission may utilize its experience, technical competence and
specialized knowledge in the evaluation of the evidence presented to
(5) No sanction shall be
imposed or order be issued except upon consideration of the whole record or
such portions thereof as may be cited by any party, and as supported by, and in
accordance with, reliable, probative and substantial evidence.
(6) The commission may, at is discretion, be
represented at the hearings by the Attorney General of Washington or
Or. Admin. R.
CRGC 1-1987 (Temp), f.
& ef. 9-10-87; CRGC 2-1987, f. 12-7-87, ef. 12-8-87; CRGC 3-1988(Temp), f.
11-17-88, cert. ef. 11-17-88 thru 2-13-89; CRGC 1-1989, f. 3-2-89, cert. ef.
3-7-89; CRGC 3-1989(Temp), f. 10-4-89, cert. ef. 10-4-89; CRGC 1-1990, f. &
cert. ef. 1-16-90; CRGC 2-1990, f. & cert. ef. 5-21-90; CRGC 1-2002, f.
10-16-02 cert. ef. 12-2-02
Stat. Auth.: ORS 197.150 & RCW 43.97
Stats. Implemented: ORS 197.150, RCW 43.97 &