§810. Rules of evidence; official notice

Link to law: http://legislature.vermont.gov/statutes/section/03/025/00810
Published: 2015

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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.)
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