Section 247-1-021 - EVIDENCE021.01Informal Hearings. The hearings shall be conducted informally unless a request is made for the rules of evidence and the rules of evidence are in effect. The Hearing Officer may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs.021.01AIncompetent, Irrelevant or Immaterial Evidence. Incompetent, irrelevant or immaterial evidence may be excluded.021.01BUnduly Repetitious Evidence. Unduly repetitious evidence may be excluded.021.01CHearsay. Hearsay is admissible as evidence.021.01DRecords of the Department. Records and documents in the possession of the Department may be received in evidence in the form in which the same are kept, and without certification.021.01ERecordings. Visual or audio recordings may be admitted into evidence at the discretion of the Hearing Officer.021.01FPrivilege. The rules of privilege apply in informal hearings.021.01GOfficial Notice. In the conduct of a hearing, the Hearing Officer may take official notice of such facts as would be so noticed by the district courts of Nebraska including Nebraska statutes, case law, and Department rules and regulations, and in addition thereto, may take notice of general, technical, or scientific facts within the specialized knowledge of the Department and the rules and regulations adopted and promulgated by the agency. Parties to the proceedings shall be notified before or during the hearing of any specialized, technical, or scientific facts to be so noticed, and opportunity shall be afforded to contest such noticed facts.021.02Rules of Evidence Hearings. In hearings for which the rules of evidence have been requested and granted, the hearing shall be conducted according to the Nebraska rules of evidence applicable in district courts.247 Neb. Admin. Code, ch. 1, § 021
Amended effective 12/27/2022