Ga. Comp. R. & Regs. 560-11-13-.03

Current through Rules and Regulations filed through June 17, 2024
Rule 560-11-13-.03 - Evidence; Official Notice
(1) The rules of evidence in hearings covered by this Chapter shall be substantially as follows:
(a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded;
1. The rules of evidence as applied in the trial of civil non-jury cases in the superior courts shall be followed as far as practicable.
2. Evidence not admissible under superior court rules may be admitted when necessary to discover facts not reasonably understood from the previously admitted evidence.
3. Except where precluded by statute, if the evidence presented it is of a type commonly relied upon by reasonably prudent persons, a hearing officer has discretion as to whether to admit the evidence or not.
(b) Documentary evidence may be received in the form of copies or excerpts if the original is not readily available;
1. Upon request, parties shall be given an opportunity to compare the copy with the original or have it established as documentary evidence according to the rules of evidence applicable to the superior courts of Georgia;
(c) A party may conduct such cross-examination as required for a full and true disclosure of the facts;
(d) Official notice may be taken of judicially recognizable facts and generally recognized technical facts or records within the agency's specialized knowledge.
1. The parties shall be notified of any material so noticed and shall be afforded the opportunity to contest such material at the hearing.

Ga. Comp. R. & Regs. R. 560-11-13-.03

O.C.G.A. Secs. 48-2-7, 48-2-12.

Original Rule entitled "Evidence; Official Notice" adopted. F. Mar. 16, 2011; eff. Apr. 5, 2011.