Section 180-12-15 - Rules Regarding Evidence The strict rules of evidence observed by courts do not apply to Board hearings. The following principles regarding evidence apply:
1.Evidence. The Board shall admit evidence if it is the kind upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Irrelevant or unduly repetitive evidence may be excluded.2.Rules of Privilege. The Board shall observe the rules of privilege recognized by law.3.Written Evidence; Exception. No sworn written evidence may be admitted unless the author is available for cross-examination or subject to subpoena, except for good cause shown.4.Evidence Not Offered at Prehearing Conference. If evidence is offered that was not offered at the prehearing conference, it is the responsibility of the offering party to establish why the proposed evidence was not available at the time of the prehearing conference. This limitation on the introduction of new evidence before the Board does not apply to evidence used for impeachment or rebuttal purposes. Other documentary evidence may be admitted by the Board, at its discretion, for the purpose of avoiding manifest injustice.12-180 C.M.R. ch. 12, § 15