Current through 2024-50, December 11, 2024
Section 250-2-14 - Presentation of evidence; official notice1. Persons may present evidence bearing directly on the issues involved in the hearing, call and examine witnesses, and cross-examine adverse witnesses.In lieu of live testimony, video and telephone testimony may be offered.2. The Administrative Procedure Act, 5 M.R.S.A. Chapter 375, Subchapter IV, shall control the admissibility of evidence at hearings. Evidence shall be admitted if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.3. The rules of privilege recognized by law shall be observed.4. TheHearing Examiner may exclude evidence that is irrelevant or unduly repetitious.5. The Hearing Examiner may take official notice of records maintained by the Secretary of State, e.g., accident reports, affidavits and any information of which a court could take judicial notice. Parties shall be notified of the material so noticed, and they shall be afforded an opportunity to contest the substance or materiality of the facts noticed. Facts officially noticed shall be included and indicated as such in the record.29- 250 C.M.R. ch. 2, § 14