California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 1.25 - Administrative Procedures-Hearings › Article 4 - Administrative Hearing Procedures for Review of Citations › Subarticle 9 - Hearings › Section 60075.34 - Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Testimony shall
						be taken only on oath or affirmation.
(b) The hearing need not be conducted
						according to technical rules relating to evidence and witnesses. The hearing
						officer shall admit evidence which is the sort of evidence on which responsible
						persons are accustomed to rely in the conduct of serious affairs, regardless of
						the existence of any common law or statutory rule which might make improper the
						admission of such evidence over objection in civil actions, and which is not
						irrelevant, immaterial, unduly repetitious, or otherwise unreliable or of
						little probative value. Hearsay evidence may be used for the purpose of
						supplementing or explaining other evidence but shall not be sufficient in
						itself to support a finding unless it would be admissible over objection in
						civil actions. The application of these rules shall not affect the substantial
						rights of the parties as provided in the Evidence Code.
(c) The rules of privilege shall be effective
						to the extent that they are otherwise required by statute to be recognized at
						the hearing.
(d) Consistent with
						the provisions of section
						60075.26(e),
						trade secret and other confidential information may be introduced into
						evidence. The hearing officer shall take all precautions to preserve the
						confidentiality of such information, and may make such orders as may be
						necessary to consider such evidence in a closed meeting, including the use of a
						supplemental decision or order to address matters which arise out of that
						portion of the evidence which is confidential.
(e) The hearing officer has discretion to
						exclude evidence if its probative value is substantially outweighed by the
						probability that its admission will necessitate undue consumption of time or
						unduly prejudices the other party.
(f) In reaching a decision, official notice
						may be taken, either before or after submission of the proceeding for decision,
						of any generally accepted technical or scientific matter within the state
						board's area of expertise, and determinations, rulings, orders, findings and
						decisions, required by law to be made by the state board or the hearing
						officer.
(1) The hearing officer shall take
						official notice of those matters set forth in section
						451 of the
						Evidence Code.
(2) The hearing
						officer may take official notice of those matters set forth in section
						452 of the
						Evidence Code.
(3) Each party shall
						give notice of a request to take official notice and be given reasonable
						opportunity on request to present information relevant to:
(A) The propriety of taking official notice,
						and
(B) The effect of the matter to
						be noticed.