N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-6.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 645-6.11 - Evidence and burden of proof

(a) All evidence submitted must be relevant. However, other legal rules of evidence observed in a court of law need not be strictly applied. Hearsay evidence may be admitted if a reasonable degree of reliability is shown.

(b) Although relevant, evidence may be excluded if its value as proof is substantially outweighed by the potential for unfair prejudice, confusion of the issues, undue delay, waste of time or needless presentation of repetitious or duplicative evidence.

(c) Where a part of a document is offered as evidence by one party, any party may offer the entire document as evidence.

(d) Whenever possible, an object which is the subject of testimony shall be exhibited at the hearing. It shall be properly identified as relevant, and it must be shown that it has not changed substantially due to the passage of time or any other reason.

(e) Each witness shall be sworn or make affirmation before testifying. Opening, closing and other unsworn statements are not evidence but shall be considered as arguments bearing on evidence.

(f) The applicant shall have the burden of demonstrating by a preponderance of the relevant evidence that the proposed activity will be in compliance with all applicable laws.

(g) The burden of proof to sustain a motion shall be on the party making the motion.

(h) All decisions, determinations or orders shall be made upon consideration of the entire record and as supported by substantial evidence.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 645-6.11