Current through 2024-51, December 18, 2024
Section 219-39-6 - Presentation of Evidence, Official NoticeA. Persons may present evidence bearing directly on the issues involved in the hearing, may call and examine witnesses and make oral cross-examination.B. All witnesses shall be sworn.C. The Maine Rules of Evidence shall not control the admissibility of evidence at these hearings, but evidence shall be admitted if it is the kind of evidence upon which reasonable persons are accustomed to rely on in the conduct of serious affairs. The rules of privilege recognized by law shall be observed.D. Hearsay is admissible, but cannot serve as the sole basis of a decision.E. The hearing officer may take official notice of nonconfidential records maintained by the Commissioner, e.g. accident reports, affidavits, etc. Parties shall be notified of the material so noticed and they shall be afforded an opportunity to contest the substance or materiality of the facts noticed. Facts officially noticed shall be included and indicated as such in the record.16-219 C.M.R. ch. 39, § 6