Iowa Admin. Code r. 193-7.26 - [Effective until 8/14/2024] Evidence
(1) The
presiding officer shall rule on admissibility of evidence and may, where
appropriate, take official notice of facts in accordance with all applicable
requirements of law.
(2)
Stipulation of facts is encouraged. The presiding officer may make a decision
based on stipulated facts.
(3)
Evidence in the proceeding shall be confined to the issues as to which the
parties received notice prior to the hearing unless the parties waive their
right to such notice or the presiding officer determines that good cause
justifies expansion of the issues. If the presiding officer decides to admit
evidence on issues outside the scope of the notice over the objection of a
party who did not have actual notice of those issues, that party, upon timely
request, shall receive a continuance sufficient to amend pleadings and to
prepare on the additional issue.
(4) The party seeking admission of an exhibit
must provide opposing parties with an opportunity to examine the exhibit prior
to the ruling on its admissibility. Copies of documents shall be provided to
opposing parties. Copies should also be furnished to members of the board. All
exhibits admitted into evidence shall be appropriately marked and be made part
of the record. The state's exhibits shall be marked numerically, and the
applicant's or respondent's exhibits shall be marked alphabetically.
(5) Any party may object to specific evidence
or may request limits on the scope of any examination or cross-examination.
Such an objection must be timely and shall be accompanied by a brief statement
of the grounds upon which it is based. The objection, the ruling on the
objection, and the reasons for the ruling shall be noted in the record. The
presiding officer may rule on the objection at the time it is made or may
reserve a ruling until the written decision.
(6) Whenever evidence is ruled inadmissible,
the party offering that evidence may submit an offer of proof on the record.
The party making the offer of proof for excluded oral testimony shall briefly
summarize the testimony or, with permission of the presiding officer, present
the testimony. If the excluded evidence consists of a document or exhibit, it
shall be marked as part of an offer of proof and inserted in the
record.
(7) Irrelevant, immaterial
and unduly repetitious evidence should be excluded. A finding will be based
upon the kind of evidence upon which reasonably prudent persons are accustomed
to rely for the conduct of their serious affairs, and may be based on hearsay
or other types of evidence which may or would be inadmissible in a jury
trial.
Notes
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