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This entry was published on 2014-09-22
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SECTION 306
Evidence
State Administrative Procedure Act (SAP) CHAPTER 82, ARTICLE 3
§ 306. Evidence. 1. Irrelevant or unduly repetitious evidence or
cross-examination may be excluded. Except as otherwise provided by
statute, the burden of proof shall be on the party who initiated the
proceeding. No decision, determination or order shall be made except
upon consideration of the record as a whole or such portion thereof as
may be cited by any party to the proceeding and as supported by and in
accordance with substantial evidence. Unless otherwise provided by any
statute, agencies need not observe the rules of evidence observed by
courts, but shall give effect to the rules of privilege recognized by
law. Objections to evidentiary offers may be made and shall be noted in
the record. Subject to these requirements, an agency may, for the
purpose of expediting hearings, and when the interests of parties will
not be substantially prejudiced thereby, adopt procedures for the
submission of all or part of the evidence in written form.

2. All evidence, including records and documents in the possession of
the agency of which it desires to avail itself, shall be offered and
made a part of the record, and all such documentary evidence may be
received in the form of copies or excerpts, or by incorporation by
reference. In case of incorporation by reference, the materials so
incorporated shall be available for examination by the parties before
being received in evidence.

3. A party shall have the right of cross-examination.

4. Official notice may be taken of all facts of which judicial notice
could be taken and of other facts within the specialized knowledge of
the agency. When official notice is taken of a material fact not
appearing in the evidence in the record and of which judicial notice
could not be taken, every party shall be given notice thereof and shall
on timely request be afforded an opportunity prior to decision to
dispute the fact or its materiality.