Current through 2024-51, December 18, 2024
Section 649-201-8 - EVIDENCE1.Admissibility. 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.2.Testimony. Witnesses may provide testimony orally before the Presiding Officer or in-person by deposition, by video, or by a sworn written statement. Parties must ensure that witnesses who provide sworn written statements or testimony are available for cross-examination at the hearing, although the cross-examination of a witnesses may, at the request of a party, take place at a later date.3.Irrelevant or repetitious evidence. Evidence that is irrelevant or unduly repetitive may be excluded.4.Weight of evidence. The fact that evidence is admitted shall not limit the authority of the Presiding Officer to determine the weight to be given the evidence.5.Hearsay. Hearsay evidence shall not be excluded simply because of its hearsay nature. The Presiding Officer will, in accordance with law, determine the weight to be given to hearsay evidence.6.Rules of privilege. Rules of privilege as provided in the Maine Rules of Evidence, Article 5, shall be observed.7.Stipulation of facts. When all parties stipulate to a fact, the Presiding Officer may make a finding of fact on the basis of the stipulation. Signed statements or on-the-record oral statements by parties are sufficient as stipulations.8.Official notice of facts. The Presiding Officer may take official notice of a fact upon his or her own initiative or at the request of a party. Official notice may be taken of any fact of which judicial notice could be taken, and in addition, of any general or technical matter within the specialized experience or knowledge of the Presiding Officer, and of any statutes, rules and non-confidential public records. The Presiding Officer will notify the parties when official notice is taken and shall afford the parties an opportunity to contest the substance or materiality of the material noticed.94- 649 C.M.R. ch. 201, § 8