Sec.22-7-33a. Rules of evidence

The following rules of evidence shall be applied at hearings on contested cases within the Department of Agriculture:

(a) General. No formal rules of evidence shall govern proceedings in a contested case before the Department of Agriculture. It is within the discretion of the Commissioner or the hearing officer to receive any oral or documentary evidence, but the Commissioner or the hearing officer shall exclude any evidence deemed to be irrelevant, immaterial or unduly repetitious. Documentary evidence may be received in the form of copies of excerpts. Upon request, parties shall be given an opportunity to compare the copy with the original if the original is readily available, and such comparison will not unduly delay the hearing. All evidence shall be taken in the presence of the Commissioner or the hearing officer. The Commissioner or the hearing officer may request such additional information as is deemed necessary to render a decision. In order to enter a document or record into evidence at the hearing, the party must identify the document or record and must allow it to be marked. The party offering the exhibit shall provide one copy for the Commissioner or the hearing officer and one copy for each party. Other parties will be allowed to inspect the document or record and to state any objections to the proposed exhibit. If an objection is overruled, the Commissioner or the hearing officer shall receive the document or record into evidence. It is solely the function of the Commissioner or the hearing officer to assess the weight and credibility of the witnesses and evidence. All evidence admitted and the names and addresses of all witnesses shall be made a part of the record of the proceeding.

(b) Cross Examination. The Commissioner or the hearing officer may allow such cross-examination of witnesses as may be required for a full and true disclosure of the facts.

(c) Facts Noticed. The Commissioner or the hearing officer, on their own initiative or at the request of any party, may take notice of judicially cognizable facts, including prior decisions and orders of the Commissioner or the Department of Agriculture, or of generally recognized technical or scientific facts within the Department of Agriculture's or their own specialized knowledge. Parties shall be afforded an opportunity to contest the material so noticed by being notified before or during the hearing, or by appropriate reference in preliminary reports or otherwise, of the material noticed. The Commissioner or the hearing officer shall nevertheless employ the experience, technical competence, and specialized knowledge of the Department of Agriculture in evaluating the evidence presented at the hearing for the purpose of making findings of the facts and arriving at a decision in any contested case.

(Effective August 27, 1990)