Section R7-3-204. Hearings and Evidence

A.       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 shall have the right to be represented by counsel, to submit evidence in open hearing, and shall have the right of cross examination. Hearings may be held in any place deter- mined by the Commission or its hearing officer.

B.       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.

C.       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 Commis- sion. Parties shall be notified either before or during the hearing 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 mate- rial so noticed. The Commission’s experience, technical com- petence, and specialized knowledge may be utilized in the evaluation of the evidence.

Historical Note

Adopted effective August 22, 1996, under an exemption from the Administrative Procedure Act pursuant to A.R.S. § 15-1852(C) (Supp. 96-3).