This article is written as a continuing effort to likewise provide education to the public. This article will touch on the issues of evidence and the hearing process. The formal Rules of Evidence used in the courts do not apply in administrative hearings. As a result, the Administrative Law Judge has more discretion to admit evidence into the record. Evidence is anything used to prove or disprove a fact.
Testimonial evidence is what someone says under oath or affirmation at the hearing.
Documentary evidence encompasses any document, including photographs, blueprints, checks, contracts, and the like. Four to six photos can be photocopied at one on a single sheet and a copy made for the other party. Checks and other valuable documents should be copied rather than the original offered into evidence. It is helpful if relevant sections of blueprints are photocopied where possible, rather than offering the entire blueprint. Demonstrative evidence is physical evidence that can be seen or touched.