In the absence of controverting evidence, the department and
its presiding officers, upon request made before or during a hearing, may
officially notice:
(1)
Department proceedings. The pendency of, the issues and position
of the parties therein, and the disposition of any proceeding then pending
before or theretofore concluded by the department.
(2)
Business customs. General
customs and practices followed in the transaction of business;
(3)
Notorious facts. Facts so
generally and widely known to all well-informed persons as not to be subject to
reasonable dispute, or specific facts which are capable of immediate and
accurate demonstration by resort to accessible sources of generally accepted
authority, including but not exclusively, facts stated in any publication
authorized or permitted by law to be made by any federal or state officer,
department, or agency;
(4)
Technical knowledge. Matters within the technical knowledge of the
agency involved as a body of experts, within the scope or pertaining to the
subject matter of its statutory duties, responsibilities or
jurisdiction;
(5)
Request or
suggestion. Any party may request, or the presiding officer or the
department may suggest, that official notice be taken of a material fact, which
shall be clearly and precisely stated, orally on the record, at any prehearing
conference or oral hearing or argument, or may make such request or suggestion
by written notice, any pleading, motion, memorandum, or brief served upon all
parties, at any time prior to a final decision;
(6)
Statement. Where an initial
or final decision of the department rests in whole or in part upon official
notice of a material fact, such fact shall be clearly and precisely stated in
such decision. In determining whether to take official notice of material
facts, the presiding officer may consult any source of pertinent information,
whether or not furnished as it may be, by any party and whether or not
admissible under the rules of evidence:
(7)
Controversion. Any party may
controvert a request or a suggestion that official notice of a material fact be
taken at the time the same is made if it be made orally, or by a pleading,
reply or brief in response to the pleading or brief or notice in which the same
is made or suggested. If any decision is stated to rest in whole or in part
upon official notice of a material fact which the parties have not had a prior
opportunity to controvert, any party may controvert such fact by appropriate
exceptions if such notice be taken in an initial or intermediate decision or by
a petition for reconsideration if notice of such fact be taken in a final
report. Such controversion shall concisely and clearly set forth the sources,
authority and other data relied upon to show the existence or nonexistence of
the material fact assumed or denied in the decision:
(8)
Evaluation of evidence.
Nothing herein shall be construed to preclude the department or its authorized
agents from utilizing their experience, technical competence, and specialized
knowledge in the evaluation of the evidence presented to them.