105:1-7-7. Conduct of individual proceedings
(a) The hearing examiner may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs.
(b) The rules of privilege are to be given effect in individual proceedings and evidence excluded because of any privilege recognized by the courts of this State shall not be admitted into evidence.
(c) Incompetent, irrelevant, immaterial and unduly repetitious evidence may be excluded by the hearing examiner.
(d) Documentary evidence may be received in the form of copies or excerpts. Parties may challenge the authenticity of any copies.
(e) A part of the evidence may be received in written form, when a hearing will be expedited and the interest of the parties will not be prejudiced.
(f) Objections to evidence may be made and shall be included in the record of the proceedings.
(g) A party may conduct cross-examination of witnesses called by other parties.
(h) The hearing examiner, upon notice to the parties, may take judicial notice of facts, including facts within the specialized knowledge of the Board.
(i) The hearing examiner may question witnesses and determine the order in which evidence shall be received and presented.
(j) Individual proceedings shall be recorded. They may be recorded by stenographic means or by audio tape.
(k) The hearing examiner may continue a hearing from time to time and may allow the record to remain open for the receipt of further evidence or argument, or for the receipt of proposed orders.
[Source: Added at 10 Ok Reg 219, eff 10-28-92 (emergency); Added at 10 Ok Reg 3551, eff 7-15-93]