Rule 350-4-.20 - Rules of Evidence; Official Notice(1) Relevant allegations of fact contained in the Pleadings and automatic filings shall be deemed admitted unless specifically contested.(2) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in the trial of civil, nonjury cases in the superior courts of Georgia shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under such rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs or if it consists of a report or evaluation of a type routinely submitted to or relied upon by the Department in the normal course of its business. The rules of privilege recognized by law shall be given full effect. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.(3) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available or for the convenience of the parties if no substantial prejudice results thereby. Upon request, parties shall be given an opportunity to compare the proffered copy with the original to verify its correctness.(4) Summaries of voluminous documents may be admitted into evidence, provided that the parties agree or the author of the summary is available for cross-examination. The summarized documents themselves need not be admitted into evidence, provided that all parties are accorded a reasonable opportunity to inspect the documents so summarized and no substantial injustice would result from admission of the summary alone.(5) Official notice may be taken of judicially cognizable facts. In addition, official notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing, by reference in preliminary reports or otherwise, of the material requested to be noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The Department's experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.Ga. Comp. R. & Regs. R. 350-4-.20
O.C.G.A. Sec. 49-4-142(a), 153.
Original Rule entitled "Rules of Evidence; Official Notice" adopted as ER. 350-4-0.4-.20. F. Oct. 5, 1989; eff. Sept. 29, 1989, the date of adoption, to remain in effect for 120 days or until adoption of a permanent Rule superseding said Emergency Rule, as specified by the Agency.Repealed: Permanent Rule of same title adopted. F. Oct. 4, 1989; eff. Nov. 1, 1989, as specified by the Agency.