905 Ind. Admin. Code 1-37-11

Current through October 31, 2024

Section 905 IAC 1-37-11 - Evidence

Authority: IC 7.1-2-3-7

Affected: IC 4-21.5-3-29; IC 7.1-3-23; IC 7.1-5

Sec. 11.

(a) Upon proper objection, the hearing judge may exclude evidence that is irrelevant, immaterial, unduly repetitious, or excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts. In the absence of proper objection, the hearing judge may exclude objectionable evidence. The hearing judge may admit hearsay evidence. If not objected to, the hearsay evidence may form the basis for an order. However, if the evidence is properly objected to and does not fall within a recognized exception to the hearsay rule, the resulting order may not be based solely upon the hearsay evidence.

(b) All testimony of parties and witnesses must be made under oath or affirmation.

(c) Any part of the evidence may be received in written form if doing so will expedite the hearing without substantial prejudice to the interests of any party.

(d) Documentary evidence may be received in the form of a copy or excerpt. Upon request, parties shall be given an opportunity to compare the copy with the original if available.

(e) Official notice may be taken of the following:

(1) Any fact that could be judicially noticed in the courts.

(2) The records of the commission.

(3) Technical or scientific matters within the commission's specialized knowledge.

(4) Codes or standards that have been adopted by an agency of the United States or this state.

(f) Parties must be:

(1) notified before or during the hearing, or in the proposed findings of fact and conclusions of law, of the specific facts or material noticed, and the source of the facts or material noticed, including any staff memoranda and data; and

(2) if parties object to the commission's reliance on judicially noticed facts, specific objections and their bases with supportive evidence must be put in writing as required by IC 4-21.5-3-29.

905 IAC 1-37-11

Alcohol and Tobacco Commission; 905 IAC 1-37-11; filed Feb 20, 1991, 5:05 p.m.: 14 IR 1452; readopted filed Oct 4, 2001, 3:15 p.m.: 25 IR 941; readopted filed Sep 18, 2007, 3:42 p.m.: 20071010-IR-905070191RFA; readopted filed Oct 29, 2013, 3:39 p.m.: 20131127-IR-905130360RFA

Readopted filed 10/29/2019, 11:50 a.m.: 20191127-IR-905190418RFA