2003-05-13_REVISION - M1977342 (3)

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