Section R20-5-147. Videotape Recordings and Motion Pictures

A.      A party proposing to offer a videotape recording or motion picture into evidence at a Commission hearing shall provide written notice to the Commission and all parties at least 40 days before the first scheduled hearing.

B.       If a party serves a written request to view a videotape record- ing or motion picture upon the party proposing to submit the videotape recording or motion picture into evidence, the party proposing to offer the videotape recording or motion picture into evidence shall provide the necessary facilities and equip- ment to allow the other party to view the videotape recording or motion picture no later than 25 days before the first sched- uled hearing.

C.      A presiding administrative law judge may admit into evidence a videotape recording or motion picture if the videotape recording or motion picture:

1.        Is a reasonable and accurate representation of the scene, person, object, or action portrayed; and

2.        Will aid in the understanding of the issues before the pre- siding administrative law judge.

D.      The party submitting the videotape recording or motion pic- ture into evidence shall ensure that commentary, interrogation, dialogue, or testimony are not a part of the videotape recording or motion picture.

E.       A presiding administrative law judge shall not cancel or con- tinue a hearing because a party fails to view a videotape recording or motion picture as provided in this Section.

F.       This Section does not apply to:

1.        Videotape recordings or motion pictures obtained by sur- veillance, or

2.        Videotape recordings or motion pictures of medical pro- cedures performed by a physician.

Historical Note

Former Rule 47. Amended effective March 1, 1987, filed

February 26, 1987 (Supp. 87-1). R20-5-147 recodified from R4-13-147 (Supp. 95-1). Amended by final rulemaking at 7 A.A.R. 3966 and 7 A.A.R. 4995, effec-

tive August 17, 2001 (Supp. 01-3).