06-096 C.M.R. ch. 40, § 6 - Evidence

A. Admissibility. Evidence which is relevant and material to the subject matter of the hearing and is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs shall be admissible. Evidence which is irrelevant, immaterial or unduly repetitious shall be excluded. The Board and the Department's experience, technical competence and specialized knowledge may be utilized in the evaluation of all evidence submitted to the Board.

B. Official Notice. The Board may take official notice of any facts of which judicial notice could be taken, and in addition may take official notice of general, technical or scientific matters within its specialized knowledge and of statutes, regulations and nonconfidential agency records. Facts officially noticed shall be included and indicated as such in the record.

C. Documentary and Real Evidence. All documents, materials and objects offered as evidence shall be numbered or otherwise identified. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available. All such evidence shall be made available during the course of the hearing for public examination. All such evidence will be available for public examination at the Department's office in Augusta during normal business hours.

D. Official Record. An official record or lack thereof may be evidenced in the manner provided by Rule 44 of the Maine Rules of Civil Procedure.

E. Objections. All objections to rulings of the Presiding Officer regarding evidence or procedure and the grounds therefore shall be timely made during the course of the hearing. If, during the course of or after the close of the hearing and during its deliberations the Board determines that the ruling of the Presiding Officer was in error, it may reopen the hearing or take such other action as it deems appropriate to correct such error.

F. Offer of Proof. An offer of proof may be made in connection with an objection to a ruling of the Presiding Officer excluding or rejecting any testimony or question on cross-examination. Such offer of proof shall consist of a statement of the substance of the preferred evidence or that which is expected to be proven by the answer of the witness.

Notes

06-096 C.M.R. ch. 40, § 6