72-5442. Powers of hearing officer; rules of evidence not binding; burden of proof; admissibility of evidence.
72-5442
72-5442. Powers of hearing officer; rules of evidence not binding;burden of proof; admissibility of evidence.The hearing officer may:
(a) Administer oaths;
(b) issue subpoenas for the attendance and testimony of witnesses andthe production of books, papers and documents relating to any matter underinvestigation;
(c) authorize depositions to be taken;
(d) receive evidence and limit lines of questioning and testimony whichare repetitive, cumulative or irrelevant;
(e) call and examine witnesses and introduce into the record documentaryand other evidence;
(f) regulate the course of the hearing and dispose of proceduralrequests, motions and similar matters; and
(g) take any other action necessary to make the hearing accord withadministrative due process.
Hearings under this section shall not be bound by rules ofevidence whetherstatutory, common law or adopted by the rules of court, except that, the burdenof proof shall initially rest uponthe board inall instances other than when the allegation is that the teacher's contracthas been terminated or nonrenewed by reason of the teacher having exerciseda constitutional right. All relevant evidence shall be admissible, exceptthat the hearing officer, in the hearingofficer's discretion, may exclude any evidence if the hearingofficerbelieves that the probative value of such evidence issubstantially outweighed by the factthat its admission will necessitate undue consumption of time.
History: L. 1974, ch. 301, § 7; L. 1975, ch. 373, § 6;L. 1992, ch. 185, § 5; July 1.