Indiana Administrative Code › Title 71 - INDIANA HORSE RACING COMMISSION › Article 10 - DUE PROCESS AND DISCIPLINARY ACTION › Rule 3 - Proceedings by the Commission › Section 3-12 - Evidence

Current through July 10, 2024
Authority: IC
				  4-31-3-9
Affected: IC 4-31-13
Sec. 12.
(a) All
				testimony must be given under oath administered by the administrative law
				judge. The administrative law judge may limit the number of witnesses and shall
				exclude all irrelevant, immaterial, or unduly repetitious evidence.
(b) The administrative law judge shall follow
				the rules of evidence as applied in administrative hearing procedures in this
				state. If necessary to ascertain facts not reasonably susceptible of proof
				under those rules, the administrative law judge may, unless precluded by
				statute, admit evidence not admissible under those rules, provided the evidence
				is of a type commonly relied on by reasonably prudent persons in the conduct of
				their affairs. The rules of privilege recognized by law in this jurisdiction
				apply in commission proceedings.
(c) A party may object to offered evidence
				and the objection shall be noted in the record. Formal exceptions to rulings by
				the administrative law judge during a hearing are unnecessary. A party, at the
				time an objection is made or sought, shall make known to the administrative law
				judge the action the party desires.
(d) When the administrative law judge rules
				to exclude evidence, the party offering the evidence may make an offer of proof
				by dictating or submitting in writing the substance of the proposed evidence
				before the closing of the hearing. The offer of proof preserves the point for
				review. The administrative law judge may ask a witness or offered witness
				questions necessary to indicate that the witness would testify as represented
				in the offer of proof. An alleged error in sustaining an objection to questions
				asked on cross examination is preserved without making an offer of
				proof.
(e) The administrative law
				judge may take official notice of judicially recognizable facts and of facts
				generally recognized within the area of the commission's specialized knowledge.
				The commission shall notify each party of record before the final decision in a
				proceeding of each specific fact officially noticed, including any facts or
				other data in staff memoranda. A party must be given an opportunity to rebut
				the facts to be noticed.
(f) The
				special skills and knowledge of the commission and the commission staff may be
				used in evaluating the evidence. In addition, during the course of any
				proceedings under these rules which are brought by or are pending before the
				commission, the commission staff may recommend the imposition of penalties and
				sanctions authorized by statute which the administrative law judge may in its
				discretion accept, reject, or modify.
(g) The administrative law judge may receive
				documentary evidence in the form of copies or excerpts if the original is not
				readily available. On request, the administrative law judge shall allow a party
				to compare the copy with the original. If many similar documents are offered in
				evidence, the administrative law judge may limit the documents admitted to a
				number which are representative of the total number, or may require that the
				relevant data be abstracted from the documents and presented as an exhibit. If
				the administrative law judge requires an abstract, the administrative law judge
				shall allow each party or the party's representative to examine the documents
				from which the abstracts are made.
(h) The administrative law judge may require
				prepared testimony in a hearing if the administrative law judge determines that
				it will expedite the hearing without substantially prejudicing the interests of
				a party. Prepared testimony consists of any document that is intended to be
				offered as evidence and adopted as sworn testimony by a witness who prepared
				the document or supervised its preparation. A person who intends to offer
				prepared testimony at a hearing shall prefile the testimony with the commission
				on the date set by the administrative law judge and shall serve a copy of the
				prepared testimony on each party of record. The administrative law judge may
				authorize the late filing of prepared testimony on a showing of extenuating
				circumstances. The prepared testimony of a witness may be incorporated into the
				record as if read or received as an exhibit, on the witness being sworn and
				identifying the writing as a true and accurate record of what the testimony
				would be if the witness were to testify orally. The witness is subject to
				clarifying questions and to cross examination, and the prepared testimony is
				subject to a motion to strike either in whole or in part.
(i) Documentary exhibits must be of a size
				which will not unduly encumber the record. Whenever practicable, exhibits must
				conform to the size requirements in these rules for pleadings. The first sheet
				of the exhibit must briefly state what the exhibit purports to show and the
				pages of the exhibit must be numbered consecutively. Exhibits may include only
				facts material and relevant to the issues of the proceeding. Maps or drawings
				must be rolled or folded so as not to encumber the record. Exhibits not
				conforming to this subsection may be excluded.
(j) The party offering an exhibit shall
				tender the original of the exhibit to the administrative law judge for
				identification. The party shall furnish one (1) copy to the administrative law
				judge and one (1) copy to each party of record. A document received in evidence
				may not be withdrawn except with the permission of the administrative law
				judge. If an exhibit has been offered, objected to, and excluded, and the party
				offering the exhibit withdraws the offer, the administrative law judge shall
				return the exhibit to the party. If the party does not withdraw the offered
				exhibit, the exhibit shall be numbered for identification, endorsed by the
				administrative law judge with the ruling on the exhibit, and included in the
				record to preserve the exception.
(k) The administrative law judge may allow a
				party to offer an exhibit in evidence after the close of the hearing only on a
				showing of extenuating circumstances and a certificate of service on each party
				of record.