Iowa Administrative Code › Agency 561 - Natural Resources Department › Chapter 7 - Rules of Practice in Contested Cases › Rule 561-7.16 - Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Ruling
			 on evidence.
The presiding officer shall rule on admissibility of
			 evidence.
(2)
Admissibility
			 in general
Evidence that is relevant and material shall be admitted
			 unless it is unduly repetitious. Relevant and material evidence may be admitted
			 even though inadmissible in a jury trial.
(3)
Issues restricted.
Evidence in the proceeding shall be confined to the issues that have been
			 expressed in the appealed action, the appeal, the petition and the
			 answer
(4)
Stipulation.
Stipulation of facts is encouraged. The presiding
			 officer may make a decision based on stipulated facts.
(5)
Privilege.
The rules of
			 privilege recognized by law shall be given effect.
(6)
Examination of exhibits.
The party seeking admission of an exhibit must provide opposing parties with an
			 opportunity to examine the exhibit prior to the ruling on its admissibility.
			 Copies of documents should normally be provided to opposing parties. All
			 exhibits admitted into evidence shall be appropriately marked and be made part
			 of the record.
(7)
Documentary evidence.
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, if available.
(8)
Examination and cross-examination.
Witnesses at the hearing
			 shall be examined orally, under oath. Witnesses at the hearing, or persons
			 whose testimony has been submitted in written form, shall be subject to
			 cross-examination by any parties as necessary for a full and true disclosure of
			 facts. The presiding officer may limit the examination or cross-examination or
			 both when necessary for orderly presentation of evidence.
(9)
Sequestration of
			 witnesses.
Witnesses may be sequestered during the hearing.
(10)
Objections to evidence.
Any party may object to specific evidence or may request limits on the scope of
			 any examination or cross-examination. Such an objection shall be accompanied by
			 a brief statement of the grounds upon which it is based. The objection, the
			 ruling on the objection, and the reasons for the ruling shall be noted in the
			 record. The presiding officer may rule on the objection at the time it is made
			 or may reserve a ruling until the written decision.
(11)
Offer of proof.
Whenever evidence is deemed inadmissible, the party offering the evidence may
			 make an offer of proof which shall be noted in the record. The offer of proof
			 for excluded oral testimony shall consist of a brief statement describing the
			 nature of the evidence excluded. If the evidence excluded consists of a
			 document or exhibits, it shall be inserted in the record. In the event that the
			 agency decides that the presiding officer's ruling in excluding the evidence
			 was erroneous and prejudicial, the hearing may be reopened to permit the taking
			 of the evidence or, where appropriate, the agency may evaluate the evidence and
			 proceed to a final decision.
(12)
Official notice.
Official notice may be taken of all facts of
			 which judicial notice may be taken and of other facts within the specialized
			 knowledge of the agency. Parties shall be notified at the earliest practicable
			 time, either before or during the hearing, or by reference in preliminary
			 reports, preliminary decisions or otherwise, of the facts proposed to be
			 noticed, and their source, including any staff memoranda or data. The parties
			 may contest these facts before a decision is announced.
(13)
Evaluation of evidence.
The agency's experience, technical competence, and specialized knowledge may be
			 utilized in evaluating the evidence.