| (a) Facts noticeable. Official notice may be taken
of judicially cognizable facts, and notice may be taken of generally
recognized facts within the area of the Commission's specialized knowledge.
(b) Motions for official notice and opportunity to
respond. A party's motion for official notice must be made or filed
prior to the conclusion of the evidentiary hearing. The motion must
specify the facts, material, records, or documents encompassed in
the motion. A party who opposes the motion shall have the opportunity
to contest the requested action.
(c) Notification of materials noticed. The examiner
on his or her own motion, or the Commission on its own motion, may
propose to take official notice of facts, material, records, or documents
authorized by the APA, §2001.090. The parties will be given the
opportunity to contest the proposed action and shall be notified of
the facts, material, records, or documents officially noticed before,
during, or after the hearing by the Commission.
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