06-096 C.M.R. ch. 4, § 11 - Evidence

A. Relevancy. Evidence will be admitted if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Irrelevant and unduly repetitious evidence may be excluded.

B. Documentary and Real Evidence. 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. The Presiding Officer may require that parties also provide paper copies of exhibits initially submitted in electronic format. Electronic links to documents will not be accepted. 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.

C. Contents of Record. The record will consist of the following items.

(1) All applications, relevant Department licenses, permits or certifications, notices of violation, motions, rulings and orders;

(2) Evidence received or considered;

(3) A statement of any facts officially noticed by the Board and any stipulations by the parties, if any;

(4) Offers of proof, objections and rulings thereon;

(5) Proposed findings, if any;

(6) Outside agency review comments and memoranda or reports from Board hired consultants, if any;

(7) The recommended decision, if any, by the Presiding Officer; and

(8) The final decision of the Board.

D. Decision on the Record. All materials, including records, reports, and documents to be considered as evidence by the Board in making its decision must be offered by the parties and made a part of the record. No other factual information or evidence may be considered by the Board in rendering a decision.

E. Stipulations. Parties are encouraged to consult with one another and stipulate to facts and the admission of exhibits, when practicable.

F. Official Notice. Official notice may be taken of any facts of which judicial notice could be taken. 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.

G. Objections. Objections must be made at the time a party believes an objectionable action has occurred. Presiding Officer rulings on objections made during a hearing are final, except for rulings on the admissibility of evidence.

H. Offer of Proof. An offer of proof will be allowed in connection with an objection to any testimony, evidence, or question of a witness. An 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 will be allowed on the offer of proof.

Notes

06-096 C.M.R. ch. 4, § 11