Current through December 4, 2024
Section 68 IAC 2-4-7 - Rules of evidence during the reviewAuthority: IC 4-33-4-1; IC 4-33-4-2; IC 4-33-4-3
Affected: IC 4-33-8-11
Sec. 7.
(a) The hearing need not be conducted according to technical rules of evidence. Any relevant evidence may be admitted and shall be sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admission of such evidence over objection in a civil action. Hearsay may support a finding of the review officer if it is the best evidence available and has sufficient indicia of trustworthiness and reliability.(b) The petitioner should, to the fullest extent possible, stipulate all matters that are not or should not be in dispute.(c) The review officer may take official notice of any generally accepted information or technical or scientific matter within the field of gaming and any other fact that may be judicially noticed by the courts of Indiana. The petitioner shall be informed of any information, matters, or facts so noticed, and shall be given reasonable opportunity to refute such evidence.Indiana Gaming Commission; 68 IAC 2-4-7; filed Nov 10, 1994, 11:00 a.m.: 18 IR 502; readopted filed Oct 15, 2001, 4:34 p.m.: 25 IR 898; readopted filed Sep 14, 2007, 1:40 p.m.: 20071003-IR-068070354RFA; readopted filed November 26, 2013, 3:58 p.m.: 20131225-IR-068130354RFAReadopted filed 9/4/2019, 10:57 a.m.: 20191002-IR-068190384RFA