23 CAR § 302-923 – Commencement of contested case — Evidence

(a) The Securities Commissioner may allow witnesses to use existing or newly created charts, exhibits, calendars, calculations, outlines, or other graphic material to summarize, illustrate, or simplify the presentation of testimony, provided that upon request by the commissioner, a party, or the staff, the witness shall provide the books, papers, documents, or sources from which the information contained in such materials is derived prior to its use or admission as evidence.
(b)
1. (1) Formal exceptions to rulings on evidence and procedure are unnecessary.
2. (2) It is sufficient that a party or the staff, at the time a ruling of the commissioner is made or sought, makes known to the commissioner the action that the party or the staff desires taken, or the objections to such action, and the grounds for such action or objection.
3. (3) Failure to object to the admission of evidence or any ruling constitutes a waiver of the objection.
(c)
1. (1) Any offer of proof made in connection with an objection taken to a ruling of the commissioner rejecting or excluding proffered oral testimony shall consist of a statement of the substance of the evidence that would be adduced by such testimony.
2. (2) If the excluded evidence consists of evidence in documentary or written form or refers to documents or records, a copy of such evidence shall:
  1. (A) Be marked for identification; and
  2. (B) Constitute the offer of proof.
(d) The commissioner may take administrative notice of judicially cognizable facts and generally recognized technical or scientific facts within the staff’s specialized knowledge.
(e) The commissioner shall afford the parties and the staff an opportunity to contest the material noticed before or during the hearing.
(f) The commissioner shall have the authority to employ the staff’s experience, technical competence, and specialized knowledge in evaluating the evidence presented at the hearing for the purpose of making findings of fact and arriving at a decision in any contested case.
(g) The parties and the staff may stipulate as to any relevant matters of fact or the authentication of any relevant documents that may be entered as evidence at the commencement of or during the hearing.