| (a) Evidence Generally. Evidence, including hearsay
evidence, shall be admitted if it is relevant and if in the judgment
of the hearing officer it is the kind of evidence on which reasonably
prudent persons are accustomed to rely in conducting their affairs.
However, the hearing officer may exclude evidence if its probative
value is outweighed by the danger of unfair prejudice, by confusion
of the issues, or by reasonable concern for undue delay, waste of
time, or needless presentation of cumulative evidence.
(b) Exchange of Exhibits. To be considered as evidence
in a decision, any document or physical evidence must be entered as
an exhibit at the hearing. Any documentary evidence to be presented
during a telephonic hearing shall be exchanged with all parties in
advance of the hearing and a copy shall be provided to the hearing
officer in advance of the hearing. Upon consideration of a party's
proffered reason for failure to exchange documentary evidence in advance
of the hearing, the hearing officer may admit or exclude same, or
grant a postponement of the hearing, in the discretion of the hearing
officer.
(c) Stipulations. The parties, with the consent of
the hearing officer, may agree in writing to facts that are not in
controversy. The hearing officer may decide the appeal on the basis
of such stipulations or, at the hearing officer's discretion, may
set the appeal for hearing and take such further evidence as the hearing
officer deems necessary.
(d) The hearing officer may, on the hearing officer's
own motion or at the request of any party, set an informal prehearing
conference and require that all parties attend. Notice of the conference
shall be in writing to each party. The conference will be held in
accordance with §819.191 of these Rules, and will be an official
part of the hearing record. Pursuant to the conference, the hearing
officer may consider:
(1) establishing the identities of parties and witnesses;
(2) the agreement of the parties on facts that are
not in controversy;
(3) conciliation of the dispute;
(4) clarification of the issues;
(5) procedures for scheduling and conduct of the hearing;
(6) exchange of documents; and
(7) any other matter that promotes the orderly and
prompt conduct of the hearing.
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