68 Ind. Admin. Code 6-1-10

Current through December 4, 2024

Section 68 IAC 6-1-10 - Evidence

Authority: IC 4-33-4; IC 4-35-4

Affected: IC 4-33-4-7; IC 4-35-4-9

Sec. 10.

(a) Any relevant evidence not in the record from any previous hearing or review proceeding may be admitted and is 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 of evidence that may make improper the admission of such evidence over objection in a civil action.

(b) Hearsay may support a finding of the review officer if it:

(1) is the best evidence available; and

(2) has sufficient indicia of trustworthiness and reliability.

(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 must be:

(1) informed of any information, matters, or facts so noticed; and

(2) given reasonable opportunity to refute such evidence.

68 IAC 6-1-10

Indiana Gaming Commission; 68 IAC 6-1-10; filed Dec 15, 2008, 11:29 a.m.: 20090114-IR-068080430FRA; errata filed Jan 27, 2009, 1:42 p.m.: 20090211-IR-068080430ACA

Readopted filed 10/2/2015, 3:23 p.m.: 20151028-IR-068150249RFA

Readopted filed 9/30/2021, 2:07 p.m.: 20211027-IR-068210351RFA

Readopted filed 10/1/2024, 9:32 a.m.: 20241030-IR-068230797RFA