SECTION 785:4-7-5. Evidence  


Latest version.
  • (a)   As provided under the APA, the strict and formal rules of evidence and pleadings such as are applied and prevail in a court of law need not be observed in Board hearings.
    (b)   All evidence and testimony offered must be relevant and material to the matter subject of the application and hearing. Evidence and testimony which is clearly irrelevant, immaterial, incompetent or unduly repetitious or cumulative may be excluded or limited.
    (c)   Evidence may be received by stipulation and agreement of all interested parties. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available and upon request, an interested party may be given the opportunity to compare the copy submitted to the Hearing Examiner. Documentary exhibits should not exceed eight and one-half (8 1/2) by fourteen (14) inches. The size of maps and drawings which are entered as exhibits should be limited or copies reduced in size in order to not unduly encumber the record. Each exhibit offered shall be tendered for identification and placed on file. No exhibit shall be filed after the conclusion of the hearing unless provision is made for holding the record open.