Laserfiche WebLink
5. No Ex parte Communications with or by the State Engineer or Hearing Officer <br /> may occur during the pendency of an Adjudicatory Proceeding. The State <br /> Engineer or Hearing Officer may, through formal communication with all Parties, <br /> request that certain information be provided to him or that certain tasks be <br /> performed. <br /> 6. Evidence <br /> a. The rules of evidence and requirements of proof before the State Engineer <br /> shaII conform, to the extent practicable, with those in civil non-jury cases <br /> in the district courts. However, when necessary to do so in order to <br /> ascertain facts affecting the substantial rights of the Parties to the <br /> proceedings, the State Engineer or Hearing Officer may receive and <br /> consider evidence not admissible under such rules if such evidence <br /> possesses probative value commonly accepted by reasonable and <br /> prudent persons in the conduct of their affairs. Objections to evidentiary <br /> offers may be made and shall be noted in the record. The State Engineer <br /> or Hearing Officer shall give effect to the rules of privilege recognized by <br /> law. Incompetent and unduly repetitious evidence may be excluded. <br /> Documentary evidence may be received in the form of a copy or excerpt if <br /> the original is not readily available, but upon request, the Party shall be <br /> given an opportunity to compare the copy with the original. § 24-4-105(7), <br /> b. Parties may make objections and all witnesses shall be subject to cross- <br /> examination. The State Engineer or Hearing Officer may question any <br /> witness that testifies at the hearing and all witnesses shall also be subject <br /> to cross-examination by the State Engineer or Hearing Officer. <br /> 7. The State Engineer or Hearing Officer may allow Parties to submit evidence not <br /> previously submitted or disclosed under prehearing procedures for Good Cause <br /> shown. <br /> 8 The State Engineer or Hearing Officer may permit Parties to submit motions not <br /> previously submitted under prehearing procedures for Good Cause shown. <br /> 9. The State Engineer or Hearing Officer, after the receipt of the evidence, may <br /> aII ow or require Parties to present oral or written summations of the facts and the <br /> I aw, either at the hearing or subsequent thereto. <br /> 10.Every Party shall have the right to present is case or defense by oral and <br /> documentary evidence. They shall also have the right to submit rebuttal <br /> evidence and conduct cross-examination as may be required for a full and true <br /> disclosure of the facts. Subject to these rights, where a hearing will be expedited <br /> and the interests of the Parties will not be substantially prejudiced, the State <br /> 29 <br />