Section 150.115 Evidence

The hearing is an inquiry to elicit evidence on the question of whether the complaint is sufficiently grounded in fact and law. 

a)         Except with respect to matters of privilege, the rules of evidence as applied in civil cases in courts of this State shall not be strictly applied to hearings under this Part.  Admissibility of evidence shall be liberally interpreted in order to present all matters that are or may be relevant to the issues affecting the parties.  Hearsay evidence shall be admissible if deemed to be reliable and trustworthy by the hearing examiner.

b)         The hearing examiner shall exclude immaterial, irrelevant and repetitious evidence.

c)         A party may conduct direct examinations or cross-examinations without rigid adherence to formal rules of evidence, provided the examination or cross-examination can be shown to be necessary and pertinent to a full and fair disclosure of the subject matters of the hearing.

d)         Any person offering evidence, written or oral, shall affirm to the hearing examiner that his or her evidence is true to the best of his or her information and belief.

e)         The hearing examiner may admit and rely upon, for his or her recommendation, evidence or information of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

f)         Evidence may be submitted in narrative form.