La. Admin. Code tit. 52 § I-1008

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-1008 - Evidence

A. Except as otherwise provided in the Administrative Procedure Act, the board may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent men in the conduct of their affairs. The board may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence. Objections to evidentiary offers may be made and shall be noted in the record.

B. The board may limit corroborative evidence.

C. When a ruling is made excluding evidence, counsel may dictate into the record as a proffer available to be considered in the case of appellate review, the facts to be proven if the excluded evidence had been admitted.

D. The charges may be enlarged to conform with the evidence admitted.

E. The board shall give effect to the rules of privilege recognized by law.

F. All evidence, including records and documents in the possession of the board of which it desires to avail itself, shall be offered and made a part of the record, and all such documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. In case of incorporation by reference, the materials so incorporated shall be available for examination by the parties before being received in evidence. The authenticity of any such copies shall be presumed.

G. The board may take notice of judicially cognizable facts and federal census data.

H. The board may take notice of the provisions of any law within its jurisdiction without the necessity of an offer in evidence.

La. Admin. Code tit. 52, § I-1008

Promulgated by the Department of Civil Service, Board of Ethics, LR 23:1294 (October 1997).

AUTHORITY NOTE: Promulgated in accordance with R.S. 42:1134(A).