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The Vermont Statutes Online
Title
03
:
Executive
Chapter
025
:
ADMINISTRATIVE PROCEDURE
§
810. Rules of evidence; official notice
In contested
cases:
(1) Irrelevant,
immaterial, or unduly repetitious evidence shall be excluded. The rules of
evidence as applied in civil cases in the superior courts of this state shall
be followed. When necessary to ascertain facts not reasonably susceptible of
proof under those rules, evidence not admissible thereunder may be admitted
(except where precluded by statute) if it is of a type commonly relied upon by
reasonably prudent men in the conduct of their affairs. Agencies 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, when a hearing will be expedited and the interests of the parties
will not be prejudiced substantially, any part of the evidence may be received
in written form;
(2) Documentary
evidence may be received in the form of copies or excerpts, if the original is
not readily available. Upon request, parties shall be given an opportunity to
compare the copy with the original;
(3) A party may
conduct cross-examinations required for a full and true disclosure of the
facts;
(4) Notice may
be taken of judicially cognizable facts. In addition, notice may be taken of
generally recognized technical or scientific facts within the agency'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 agency's experience,
technical competence, and specialized knowledge may be utilized in the
evaluation of the evidence. (1967, No. 360 (Adj. Sess.), § 10, eff. July 1, 1969;
amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)