62.1-44.27 - Rules of evidence in hearings.
§ 62.1-44.27. Rules of evidence in hearings.
In all hearings under this chapter:
(1) All relevant and material evidence shall be received, except that (a) therules relating to privileged communications and privileged topics shall beobserved; (b) hearsay evidence shall be received only if the declarant is notreadily available as a witness; and (c) secondary evidence of the contents ofa document shall be received only if the original is not readily available.In deciding whether a witness or document is readily available, the Board orhearing officer shall balance the importance of the evidence against thedifficulty of obtaining it, and the more important the evidence is the moreeffort should be made to produce the eyewitness or the original document.
(2) All reports of inspectors and subordinates of the Board and other recordsand documents in the possession of the Board bearing on the case shall beintroduced by the Board at the hearing.
(3) Subject to the provisions of subdivision (1) of this section every partyshall have the right to cross-examine adverse witnesses and any inspector orsubordinate of the Board whose report is in evidence and to submit rebuttalevidence.
(4) The decision of the Board shall be based only on evidence received at thehearing and matters of which a court of record could take judicial notice.
(1970, c. 638.)