6 CAR § 130-1032 – Conduct of the hearing — Evidence generally

(a) The Arkansas Rules of Evidence shall not be strictly applied to impartial due process hearings except as otherwise noted herein.
(b) Evidence and testimony shall be excluded if it:
1. (1) Is documentary evidence and it has not been included in the documentary evidence volume;
2. (2) Is documentary evidence and it has not been disclosed to the opposing party at least five (5) business days before the hearing or two (2) business days prior to an expedited hearing;
3. (3) Is cumulative or not relevant;
4. (4) Represents the legal conclusion of a witness; or
5. (5) Is speculation on the part of the witness.
(c) The hearing officer shall exclude cumulative, irrelevant, or unnecessary testimony or evidence, even in the absence of an objection by any party to the hearing.
(d) The hearing officer may exclude, at his or her discretion, other evidence given a proper basis for exclusion.