17A.14 - RULES OF EVIDENCE -- OFFICIAL NOTICE.
17A.14 RULES OF EVIDENCE -- OFFICIAL NOTICE.
In contested cases:
1. Irrelevant, immaterial, or unduly repetitious evidence should
be excluded. A finding shall be based upon the kind of evidence on
which reasonably prudent persons are accustomed to rely for the
conduct of their serious affairs, and may be based upon such evidence
even if it would be inadmissible in a jury trial. Agencies shall
give effect to the rules of privilege recognized by law. Objections
to evidentiary offers may be made and shall be noted in the record.
Subject to these requirements, when a hearing will be expedited and
the interests of the parties will not be prejudiced substantially,
any part of the evidence may be required to be submitted in verified
written form.
2. Documentary evidence may be received in the form of copies or
excerpts, if the original is not readily available. Upon request,
parties shall be given an opportunity to compare the copy with the
original, if available.
3. Witnesses at the hearing, or persons whose testimony has been
submitted in written form if available, shall be subject to
cross-examination by any party as necessary for a full and true
disclosure of the facts.
4. Official notice may be taken of all facts of which judicial
notice may be taken and of other facts within the specialized
knowledge of the agency. Parties shall be notified at the earliest
practicable time, either before or during the hearing, or by
reference in preliminary reports, preliminary decisions or otherwise,
of the facts proposed to be noticed and their source, including any
staff memoranda or data, and the parties shall be afforded an
opportunity to contest such facts before the decision is announced
unless the agency determines as part of the record or decision that
fairness to the parties does not require an opportunity to contest
such facts.
5. The agency's experience, technical competence, and specialized
knowledge may be utilized in the evaluation of the evidence. Section History: Early Form
[C75, 77, 79, 81, § 17A.14]
Referred to in § 17A.9, 68B.31, 421.17