- (a) The presiding officer shall rule on the admissibility of evidence and may, when appropriate, take official notice of facts in accordance with all applicable requirements of law.
(b)
- (1) Stipulation of facts is encouraged.
- (2) The Administrative Hearing Board may make a decision based on stipulated facts.
(c)
(1) Evidence in the proceeding must be confined to the issues set forth in the hearing notice unless:
- (A) The parties waive their right to such notice; or
- (B) The presiding officer determines that good cause justifies expansion of the issues.
- (2) If the presiding officer decides to admit evidence outside the scope of the notice, over the objection of a party who did not have actual notice of those issues, that party, upon timely request, will receive a continuance sufficient to prepare for the additional issue and to permit amendment of pleadings.
(d)
- (1) A party seeking admission of an exhibit must provide three (3) copies of each exhibit at the hearing.
- (2) The presiding officer must provide the opposing parties with an opportunity to examine the exhibit prior to the ruling on its admissibility.
- (3) All exhibits admitted into evidence must be appropriately marked and be made part of the record.
(e)
(1) Any party may:
- (A) Object to specific evidence; or
- (B) Request limits on the scope of the examination or cross-examination.
- (2) A brief statement of the grounds upon which it is based shall accompany such an objection.
- (3) The objection, the ruling on the objection, and the reasons for the ruling will be noted in the record.
- (4) The presiding officer may rule on the objection at the time it is made or may reserve the ruling until the written decision and recommendation of the hearing board.
(f)
- (1) Whenever evidence is ruled inadmissible, the party offering that evidence may submit an offer of proof on the record.
- (2) The party making the offer of proof for excluded oral testimony will briefly summarize the testimony or, with permission of the presiding officer, present the testimony.
- (3) If the excluded evidence consists of a document or exhibit, it shall be marked as part of an offer of proof and inserted in the record.
(g)
- (1) Irrelevant, immaterial, and unduly repetitive evidence will be excluded.
- (2) Any other oral or documentary evidence, not privileged, may be received if it is of a type commonly relied upon by reasonably prudent men and women in the conduct of their affairs.
- (h) Reasonable inferences. The finder of fact may base its findings of fact upon reasonable inferences derived from other evidence received.