541-A:33 Evidence; Official Notice in Contested Cases. –
I. All testimony of parties and witnesses shall be made under oath or affirmation administered by the presiding officer.
II. The rules of evidence shall not apply in adjudicative proceedings. Any oral or documentary evidence may be received; but the presiding officer may exclude irrelevant, immaterial or unduly repetitious evidence. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidence offered may be made and shall be noted in the record. Subject to the foregoing requirements, any part of the evidence may be received in written form if the interests of the parties will not thereby be prejudiced substantially.
III. 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.
IV. A party may conduct cross-examinations required for a full and true disclosure of the facts.
V. Official notice may be taken of any one or more of the following:
(a) Any fact which could be judicially noticed in the courts of this state.
(b) The record of other proceedings before the agency.
(c) Generally recognized technical or scientific facts within the agency's specialized knowledge.
(d) Codes or standards that have been adopted by an agency of the United States, of this state or of another state, or by a nationally recognized organization or association.
VI. Parties shall be notified either before or during the hearing or by reference in preliminary reports or otherwise of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.