SECTION 585:2-7-6. Rules of evidence  


Latest version.
  • (a)   Technical rules of evidence. In any proceeding before the Board, the Board shall not be bound by technical rules of evidence. The Board may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs.
    (b)   Exclusions. All irrelevant, immaterial, or unduly repetitious evidence shall be excluded.
    (c)   Rules of privilege. The Board shall give effect to the rules of privilege recognized by law.
    (d)   Documentary evidence. Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available, provided that upon request parties shall be given an opportunity to compare the copy with the original.
    (e)   Cross-examination. Each party shall have the right to conduct such cross-examination as may be required for a full and true disclosure of the facts and shall have the right to submit rebuttal evidence.
    (f)   Judicially cognizable facts. The Board may take notice of judicially cognizable facts.
    (g)   Cognizable technical or scientific facts. The Board may take notice of generally cognizable technical or scientific facts within its specialized knowledge; however, parties shall be notified either before or during the hearing of the material so noticed, and they shall be afforded an opportunity to contest the facts so noticed.
[Source: Added at 24 Ok Reg 1630, eff 6-11-07]

Note

EDITOR’S NOTE: See Editor's Note at beginning of this Chapter.