Compilation of Rules and Regulations of the State of Georgia › Department 590 - RULES OF OFFICE OF SECRETARY OF STATE › Chapter 590-4 - COMMISSIONER OF SECURITIES › Subject 590-4-6 - RULES GOVERNING ADMINISTRATIVE HEARINGS › Rule 590-4-6-.16 - Evidence; Official Notice

Current through Rules and Regulations filed through June 27, 2024
(1) Pursuant to the APA, the Hearing Officer
				shall apply the rules of evidence as applied in the trial of civil nonjury
				cases in the superior courts and may, when necessary to ascertain facts not
				reasonably susceptible of proof under such rules, consider evidence not
				otherwise admissible thereunder if it is of a type commonly relied upon by
				reasonably prudent persons in the conduct of their affairs At the discretion of
				the Hearing Officer, such evidence that may be admitted includes the following:
(a) Records, reports, statements, plats,
				maps, charts, surveys, studies, analyses, or data compilations, in any form, of
				public offices or agencies, setting forth (i) the activities of the office or
				agency, or (ii) matters observed pursuant to duty imposed by law as to which
				matters there was a duty to report, or (iii) factual findings resulting from an
				investigation or research not performed in conjunction with the matter being
				heard and carried out pursuant to authority granted by law, unless its
				probative value cannot be determined or it lacks trustworthiness due to the
				sources of information or other circumstances;
(b) Reports, records, statements, plats,
				maps, charts, surveys, studies, analyses, or data compilations after testimony
				by an expert witness that the expert witness prepared such document and that it
				is correct to the best of the expert witness's knowledge, belief and expert
				opinion;
(c) To the extent called
				to the attention of an expert witness upon cross-examination or relied upon by
				the expert witness in direct examination, statements contained in published
				treatises, periodicals, or pamphlets on a subject of history, medicine, or
				other science or art, established as a reliable authority by the testimony or
				admission of the witness or by other expert testimony or by official
				notice;
(d) Any medical,
				psychiatric, or psychological evaluations, or scientific or technical reports,
				records, statements, plats, maps, charts, surveys, studies, analyses, or data
				compilations of a type routinely submitted to, and relied upon by, the
				Commissioner in the normal course of his or her business; and
(e) Documentary evidence in the form of
				copies, if the original is not readily available, if its use would unduly
				disrupt the records of the possessor of the original, or by agreement of the
				parties. Upon request, parties shall have an opportunity to compare the copy
				with the original. Documentary evidence may also be received in the form of
				excerpts, charts, or summaries when, in the discretion of the Hearing Officer,
				the use of the entire document would unnecessarily add to the record's length.
				The entire document shall be made available for examination or copying, or
				both, by other parties at a reasonable time and place.