SECTION 600:35-1-13. Rules of evidence

(a)   The Hearing Examiner shall admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent people in the conduct of their affairs.

(1)   The Hearing Examiner shall give effect to the rules of privilege recognized by law in respect to:

(A)   self-incrimination;

(B)   confidential communications between husband and wife during the subsistence of the marriage relation;

(C)   communication between attorney and client, made in that relation;

(D)   confessions made to a clergyman or priest in his professional capacity in the course of discipline enjoined by the church to which he belongs;

(E)   communications made by a patient to a licensed practitioner of one of the healing arts with reference to any physical or supposed physical disease or of knowledge gained by such practitioner through a physical examination of a patient in a professional capacity;

(F)   records and files of any official or agency of any state or of the United States which, by any statute of such state or of the United States are made confidential and privileged.

(2)   No greater exclusionary effect shall be given any such rule or privilege than would obtain in action in court. The Hearing Examiner may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interest of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.

(b)   Documentary evidence may be received in the form of copies, if the original is not readily available, or excerpts if such originals contain voluminous, irrelevant or extraneous material. Upon request, parties shall be given an opportunity to compare the copy with the original.

(c)   A party may conduct cross-examinations required for a full and true disclosure of the facts.

(d)   Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the Hearing Examiner's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The Hearing Examiner's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.

[Source: Added at 28 Ok Reg 312, eff 1-1-11 (emergency); Added at 28 Ok Reg 934, eff 7-14-11]