SECTION 375:25-3-14. Evidence, official notice

(a)   Incompetent, irrelevant, immaterial or unduly repetitive evidence may be excluded by the hearing examiner. The rules of evidence as applied in nonjury civil cases in Oklahoma state courts shall be followed except where it is necessary to ascertain facts not reasonably susceptible of proof under those rules. In such event, evidence not admissible thereunder may be admitted, unless precluded by statute if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The hearing officer may allow hearsay evidence when pertinent and where allowed by statute.

(b)   The hearing examiner may, upon the request of any party or upon his or her own motion, take official notice of matters which judges of the state courts of Oklahoma can judicially notice and of facts within his or her own personal knowledge or within the specialized knowledge or expertise of the OSBI. Such official notice must state upon the record sufficient information to enable the hearing examiner to comply with the request.

[Source: Added at 13 Ok Reg 833, eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff 7-11-96; Amended at 16 Ok Reg 3326, eff 7-26-99]