Section R7-2-705. Hearings and evidence

A.      Parties may participate in the hearing in person or through an attorney.

B.       Upon request of either party, the presiding officer may sched- ule a prehearing conference. The purpose of a prehearing con- ference shall be to narrow issues, attempt settlement, address evidentiary issues or for any other purpose deemed necessary by the presiding officer.

C.      A hearing in a contested case shall be conducted in an informal manner and without adherence to the rules of evidence required in judicial proceedings. Irrelevant, immaterial or unduly repetitious evidence shall be excluded. A party to such proceedings may be represented by counsel and shall have the right to submit evidence in open hearing and conduct cross examination. Hearings may be held in any location determined by the hearing body.

D.      Copies of documentary evidence may be received in the dis- cretion of the presiding officer. Upon request, the parties shall be given an opportunity to compare the copy with the original.

E.       Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or sci- entific facts within the specialized knowledge of the hearing body. Parties shall be notified either before or during the hear- ing or by reference in preliminary reports or otherwise of the material noticed including any staff memoranda or data and they shall be afforded an opportunity to contest the material so noticed. The hearing body’s experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence.

Historical Note

New Section adopted by final rulemaking at 7 A.A.R. 48, effective December 15, 2000 (Supp. 00-4).