Laserfiche WebLink
Page 55 <br />Construction Materials Rule 2 <br />(1) Except as otherwise. provided by statute, the proponent of an <br />order shall have the burden of proof, and every party to the proceeding shall <br />have the right to present their case or defense by oral and documentazy <br />evidence, to submit rebuttal evidence, and to conduct such cross-examination <br />as may be required for a full and true disclosure of the facts. Subject to these <br />rights and requirements, where a hearing will be expedited and the interests. of <br />the pazties will not be substantially prejudiced thereby, a person conducting a <br />hearing may receive all or_part of the ev_~depce jn writtenform__ .- . - _ . _ <br />(2) The rules of evidence and requirements of proof shall conform <br />to the extent practicable, with those in civil non-injury cases in district courts. <br />However; when necessary to do so in order to ascertain facts affecting the <br />substantial rights of the parties to the proceeding, the Board may receive and <br />consider evidence not admissible under such rules, if such evidence possesses <br />probative value commonly accepted by reasonable and prudent people in the <br />conduct of their.affairs. <br />(a) Objections to evidentiary offers may be made and shall <br />be noted in the record. <br />(b) The Board shall give effect to, the rules of privilege <br />recognized by law. <br />(c) The Board may exclude incompetent and unduly <br />repetitious evidence. <br />(d) Documentary evidence may be received in the form of <br />a copy or excerpt if the original. is not readily available; but, upon <br />request, the party shall be given opportunity to compaze the copy with <br />the original. <br />(3) The Board may ut>7ize its experience, technical competence, and <br />specialized knowledge in the evaluation of the evidence presented to it. <br />(4) The Boazd may take notice of general, technical, or scientific <br />fact, but only if the fact so noticed is specified in the record or is brought to the <br />attention of the parties before final decision and every party is afforded an <br />opportunity to controvert the fact so noticed. <br />