06-096 C.M.R. ch. 3, § 20 - Evidence

A. Relevancy. Evidence will be admitted if it is relevant and material to the subject matter of the hearing and is of a kind upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Evidence which is irrelevant, immaterial or unduly repetitious will be excluded.

The Department's experience, technical expertise, and specialized knowledge may be utilized in the evaluation of all evidence.

B. Privileges. The rules of evidence observed by courts do not apply; however, the rules of privilege recognized by law will be observed.

C. Official Notice. Official notice may be taken of any facts of which judicial notice could be taken; of any general, technical, or scientific matters within the Department's specialized knowledge; and of statutes, regulations, and non-confidential agency records. Parties will be notified of material so noticed and will be afforded an opportunity to contest the substance or materiality of the matters noticed. Facts officially noticed will be included and indicated as such in the record.

D. Documentary Evidence

(1) All documents, materials, and objects offered into evidence as exhibits must be uniquely numbered or otherwise identified. Documentary evidence may be received in the form of copies and excerpts if the original is not readily available. Exhibits submitted in electronic format will typically be accompanied by a paper copy of the content unless the Presiding Officer determines that a paper copy is not needed or is impractical. The Presiding Officer will prescribe the number of copies of exhibits required. Where an exhibit is not easily reproduced due to its form, size or character, the Presiding Officer may allow copies to be provided in alternate formats.

(2) If allowed by the Presiding Officer, exhibits may be introduced by a member of the general public at a hearing. Prior to the introduction of such exhibits, parties have a right, upon request, to examine the exhibits, raise any objection at that time, and if requested, shall be provided with an opportunity to respond regarding the content of an exhibit before the hearing record is closed.

(3) At least one (1) copy of the record of the license application or appeal placed into evidence will be made available by the Department at the hearing location for the purposes of providing the opportunity for public examination at specified times during the course of the hearing. A copy of the Department's file on the matter will be available for members of the public to schedule an examination at the Department's office before and after the hearing, during normal business hours.

E. Objections. Objections to evidence submitted prior to or after the hearing must be made within ten (10) working days of service of the evidence on the objecting party, unless otherwise specified by the Presiding Officer. Objections during the course of the hearing must be made at the time a party believes an objectionable action has occurred. Presiding Officer rulings on objections during a hearing are final.

F. Offer of Proof. An offer of proof shall be allowed in connection with an objection to any testimony, evidence, or question of a witness. Such offer of proof must consist of a summary statement of the substance of the proffered evidence or that which is expected to be shown by the answer of the witness. Comment or argument by any party shall be allowed on the offer of proof.

Notes

06-096 C.M.R. ch. 3, § 20