Current through 2024-51, December 18, 2024
Section 001-11-6 - General Evidence and TestimonyA. Rules of privilege. The Commissioner need not observe the rules of evidence observed by courts, but shall observe the rules of privilege recognized by law.B. Evidence. Evidence shall be admitted if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The Commissioner may exclude irrelevant or unduly repetitious evidence.C. Witnesses. All witnesses shall be sworn.D. Written evidence,- exception. No sworn written evidence shall be admitted unless the author is available for cross-examination or subject to subpoena, except for good cause shown.E. Witnesses are encouraged to submit evidence and testify on the following factors: 1. A licensee's traditional agricultural. fair dates;2. Improvement of fair facilities made by the licensee;3. Desirability of particular dates for promotion of specific agricultural program, products or ideals;4. Demonstration of economic damage due to competition from other agricultural fairs in geographic proximity operating on the same dates. Evidence shall include, but not be limited to, general trends shown by, c. Number of entrants in events;5. Demonstration of organizational difficulties due to competition from other agricultural fairs in geographic proximity operating on the same dates. Evidence shall include, but not be limited to,a. Difficulty in scheduling events and shows; andb. Contracting for midway, publication and constable services; and6. Economic benefits and costs of a particular date.7. Fairs which have pari-mutuel harness racing dates may submit testimony on; a. The impact on racing of those dates;b. The handle which the fair has experienced over the last several years;c. The racing facilities the conditions and improvement of those facilities;d. Availability of horses; ande. other information relevant to any possible conflict that the proposed dates may have with other fairs or01-001 C.M.R. ch. 11, § 6