Ga. Comp. R. & Regs. R. 350-4-.20 - Rules of Evidence; Official Notice
(1) Relevant allegations of fact contained in the Pleadings and
automatic filings shall be deemed admitted unless specifically
contested.
(2) Irrelevant, immaterial, or unduly repetitious evidence
shall be excluded. The rules of evidence as applied in the trial of civil,
nonjury cases in the superior courts of Georgia shall be followed. When
necessary to ascertain facts not reasonably susceptible of proof under such
rules, evidence not admissible thereunder may be admitted, except where
precluded by statute, if it is of a type commonly relied upon by reasonably
prudent persons in the conduct of their affairs or if it consists of a report
or evaluation of a type routinely submitted to or relied upon by the Department
in the normal course of its business. The rules of privilege recognized by law
shall be given full effect. 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.
(3) Documentary evidence may be received in the form of copies
or excerpts if the original is not readily available or for the convenience of
the parties if no substantial prejudice results thereby. Upon request, parties
shall be given an opportunity to compare the proffered copy with the original
to verify its correctness.
(4) Summaries of voluminous documents may be admitted into
evidence, provided that the parties agree or the author of the summary is
available for cross-examination. The summarized documents themselves need not
be admitted into evidence, provided that all parties are accorded a reasonable
opportunity to inspect the documents so summarized and no substantial injustice
would result from admission of the summary alone.
(5) Official notice may be taken of judicially cognizable
facts. In addition, official notice may be taken of generally recognized
technical or scientific facts within the agency's specialized knowledge.
Parties shall be notified either before or during the hearing, by reference in
preliminary reports or otherwise, of the material requested to be noticed,
including any staff memoranda or data, and they shall be afforded an
opportunity to contest the material so noticed. The Department's experience,
technical competence, and specialized knowledge may be utilized in the
evaluation of the evidence.
Notes
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