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1 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 documentary <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 parties will not be substantially prejudiced thereby, a person conducting a <br /> hearing may receive all or part of the evidence in written form. <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 compare the copy with <br /> the original. <br /> (3) The Board may utilize its experience,technical competence, and <br /> specialized knowledge in the evaluation of the evidence presented to it. <br /> (4) The Board 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 />