(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 the conduct of 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. Any documentary evidence
to be presented during a telephonic hearing shall be exchanged with
all parties and a copy shall be provided to the hearing officer in
advance of the hearing. Any documentary evidence to be presented at
an in-person hearing shall be exchanged at the hearing.
(c) Stipulations. The parties, with the consent of
the hearing officer, may agree in writing to relevant facts. The hearing
officer may decide the appeal based on 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) Experts and Evaluations. If relevant and useful,
testimony from an independent expert or a professional evaluation
from a source satisfactory to the parties and the Agency may be ordered
by hearing officers, on their own motion or at a party's request.
The cost of any such expert or evaluation ordered by the hearing officer
shall be borne equally by the parties.
(e) Subpoenas.
(1) The hearing officer may issue subpoenas to compel
the attendance of witnesses and the production of records. A subpoena
may be issued either at the request of a party or on the hearing officer's
own motion.
(2) A party requesting a subpoena shall state the nature
of the information desired, including names of any witnesses and the
records that the requestor feels are necessary for the proper presentation
of the case.
(3) The request shall be granted only to the extent
the records or the testimony of the requested witnesses appears to
be relevant to the issues on appeal.
(4) A denial of a subpoena request shall be made in
writing or on the record, stating the reasons for such denial.
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