Iowa Administrative Code › Agency 281 - Education Department › Title VII - Special Education › Chapter 41 - Special Education › Rule 281-41.1010 - Rules of Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Receiving relevant evidence.
Because the administrative law
				judge must decide each case fairly, based on the information presented, it is
				necessary to allow for the reception of all relevant evidence that will
				contribute to an informed result. The ultimate test of admissibility is whether
				the offered evidence is reliable, probative and relevant.
(2)
Acceptable evidence.
Irrelevant, immaterial or unduly repetitious evidence will be excluded. The
				kind of evidence reasonably prudent persons rely on may be accepted even if it
				would be inadmissible in a jury trial. The administrative law judge will give
				effect to the rules of privilege recognized by law. Objections to evidence may
				be made and shall be noted in the record. When a hearing is expedited and the
				interests of the parties are not prejudiced substantially, any part of the
				evidence may be required to be submitted in verified written form.
(3)
Documentary evidence.
Documentary evidence may be received in the form of copies or excerpts, if the
				original is not readily available. Upon request, parties will be given an
				opportunity to compare the copy with the original, if available. Any party has
				the right to prohibit the introduction of any evidence at the hearing that has
				not been disclosed to that party at least five business days before the
				hearing.
(4)
Administrative
				notice and opportunity to contest.
The administrative law judge may
				take official notice of all facts of which judicial notice may be taken and of
				other facts within the specialized knowledge of the administrative law judge.
				Parties will be notified at the earliest practicable time, either before or
				during the hearing or by reference in preliminary reports, and afforded an
				opportunity to contest such facts before the decision is announced unless the
				administrative law judge determines as part of the record or decision that
				fairness to the parties does not require an opportunity to contest such
				facts.
(5)
Discovery.
Discovery procedures applicable to civil actions
				are available to all parties in due process hearings under this chapter.
				Evidence obtained in discovery may be used in the hearing before the agency if
				that evidence would otherwise be admissible in the agency hearing. The
				administrative law judge may exercise such control over discovery, including
				its nature, scope, frequency, duration, or sequence, as permitted by the Iowa
				rules of civil procedure, and for such grounds as those rules may
				provide.
(6)
Administrative
				law judge may evaluate evidence.
The administrative law judge's
				experience, technical competence and specialized knowledge may be utilized in
				the evaluation of the evidence.
(7)
Decision.
A decision will be made upon consideration of the
				whole record or such portions that are supported by and in accordance with
				reliable, probative and substantial evidence.