445 R.I. Code R. § 445-RICR-00-00-1.29 - Rules of Evidence - Official Notice

Current through December, 23, 2021

A. Rules of Evidence - In all proceedings wherein evidence is taken, irrelevant, immaterial or unduly repetitious evidence shall be excluded. While the rules of evidence as applied in civil cases in the Superior Courts of this state shall be followed to the extent practicable, the Board shall not be bound by technical evidentiary rules, and, when necessary to ascertain facts not reasonable susceptible of proof under the rules, evidence not otherwise admissible may be submitted, unless precluded by statute, if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. The rules of privilege recognized by law shall apply. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.
B. Exhibits Copies - In all cases wherein evidence is taken, documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.
C. Administrative Notice - In all proceedings wherein evidence is taken, notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the Board's specialized knowledge, but parties shall be notified either before or during the hearing, or be reference in preliminary reports or otherwise, of the material noticed, including any report or data required by law or regulation to be filed with the Board and they shall be afforded an opportunity to contest the material so noticed. The Board's experience, technical competence, and specialized knowledge may be utilized in the evaluation of evidence.

Notes

445 R.I. Code R. § 445-RICR-00-00-1.29
Amended effective November 28, 2018

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