Mississippi Administrative Code › Title 39 - UTILITIES › Part 1 - PUBLIC UTILITIES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - Public Proceedings › Rule 39-1-15 › Section 39-1-15-103 - Evidence

Current through June 25, 2024
Rules of evidence at hearings shall conform to the
					 requirements of the courts of record in this State, provided that the
					 Commission, in its discretion, may permit such deviations from said
					 requirements as it deems in the public interest.
1.
Rules of Evidence - Evaluation of
				  Evidence
The Commission at hearings is not bound by the Mississippi
					 Rules of Evidence. No informality in any proceeding or in the manner of taking
					 testimony invalidates any order made, approved or confirmed by the Commission.
					 The Commission, with or without objection, may exclude evidence that is
					 irrelevant, unduly repetitious, inadmissible on constitutional or statutory
					 grounds, or inadmissible on the basis of any evidentiary privilege provided by
					 statute or recognized in the courts of Mississippi, and may order the
					 presentation of such evidence to stop. All other evidence may be admitted if it
					 is a type generally relied upon by prudent persons in the conduct of their
					 affairs. The Commission's expertise, technical competence and special knowledge
					 may be used in the evaluation of the evidence.
2.
Documentary Evidence - Introduction
				  of Records in the Executive Secretary's Official File
Documentary evidence may be received in the form of copies
					 or excerpts. Upon request, parties shall be given an opportunity to compare the
					 copy with the original if available. However, the Commission may permit
					 photostatic, photographic or other copies of documents, or any part or parts
					 thereof, to be introduced in evidence upon a satisfactory showing of their
					 correctness or upon showing that it would be impractical or inconvenient to
					 introduce the originals. When a party offers in evidence any portion of a
					 transcript, exhibit, or other record from any other proceeding before the
					 Commission, the portion offered must be specifically described and, if
					 admitted, will be made an exhibit.
Where relevant and material matter offered in evidence is
					 embraced in a book, paper or document containing other matter not material or
					 relevant, the party shall plainly designate the matter so offered. If such
					 immaterial matter unnecessarily encumbers the record, such evidence will not be
					 received but may be marked for identification, and, if properly authenticated,
					 the relevant and material matter may be read into the record, or if the
					 Commission so directs, a true copy of such matter in proper form shall be
					 received as an exhibit, and like copies delivered by the party offering the
					 same to opposing parties who shall be given opportunity to examine same and to
					 offer in evidence any other portions thereof if found to be relevant or
					 material.
3.
Official Notice
The Commission may take official notice at hearings and in
					 its orders:
a. The orders, notices,
				  rules, certificates and permits of any regulatory agency, state or
				  federal;
b. Technical, financial,
				  or scientific facts established and published in authorities whose accuracy
				  cannot be questioned or within the Commission's specialized
				  knowledge;
c. Matters judicially
				  noticeable pursuant to Mississippi Rules of Evidence 201; and
d. Data contained in periodic reports of
				  regulated utilities filed with the Commission or federal regulatory
				  agencies.