01-672-5 Me. Code R. § 07

Current through 2024-51, December 18, 2024

Section 672-5-07 - EVIDENCE

A.Admissible Evidence

Evidence will be admissible if it is relevant and material to the subject matter of the hearing and is of a type customarily relied upon by reasonable persons in the conduct of serious affairs. Evidence which is irrelevant, immaterial, or unduly repetitious may be excluded. Notwithstanding Section 5.07(B), the experience, technical competence and specialized knowledge of the Commission or Presiding Officer may be utilized in the evaluation of all evidence submitted.

B.Official Notice

The Commission or Presiding Officer may, at its discretion and at any time, take official notice of any facts of which judicial notice could be taken, including relevant statutes, regulations, transcripts of other hearings, non-confidential agency records, generally recognized facts of common knowledge to the general public, and physical, technical or scientific facts.

In a hearing of the type described in Section 5.08(A) of these regulations, the Commission must include in its final decision those facts of which it took official notice, unless those facts are included in the recording of the proceedings.

C.Documentary and Real Evidence

1. All documents, materials and objects offered in evidence as exhibits must, if accepted, be numbered or otherwise identified.

2. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available.

3. The Presiding Officer may require that any person offering documentary or photographic evidence must provide the Commission with a specified number of copies or provide the materials in digital form.

4. Any documentary or real evidence must:

a. be produced, compiled and submitted by the person offering the same, who must not request the Commission or its staff to produce or compile the same on his behalf; and

b. be clearly labeled indicating date and source, and indicating whether the evidence is in the existing record or is proposed supplemental evidence. Unlabeled exhibits may be rejected by the Presiding Officer, and electronic links to documents will not be accepted.

5. In a hearing of the type described in Section 5.08(A) of these regulations, the applicant, intervening parties, and state, federal or municipal agencies must provide each other with copies of any exhibit offered in evidence unless otherwise ordered by the Presiding Officer.

6. All documents, materials and objects admitted into evidence must be made available during the course of the hearing for public examination. All such evidence will also be available for public examination at the Commission's primary office during normal business hours.

D.Objections

All objections to rulings of the Presiding Officer and the grounds therefore must be timely stated.

If, during the course of or after the close of the hearing and during its deliberations, the Commission determines that the ruling of the Presiding Officer was in error, the Commission may reopen the hearing or take such other action as it deems appropriate to correct such error.

E.Offer of Proof

An offer of proof may be made in connection with an objection to a ruling of the Presiding Officer excluding or rejecting any testimony, evidence, or questions on cross-examination. Such offer of proof must consist of a statement of the substance of the proffered evidence which is expected to be shown.

01-672 C.M.R. ch. 5, § 07