N.Y. Comp. Codes R. & Regs. tit. 9 § 580.15

Current through Register Vol. 46, No. 25, June 18, 2024

Section 580.15 - Evidence

(a) General.

(1) The rules of evidence observed by courts shall not be strictly applied, but all evidence must be competent, material and relevant. Hearsay evidence is admissible if a reasonable degree of reliability thereof is shown.

(2) The hearing officer shall preclude immaterial, irrelevant or unduly repetitious evidence or cross-examination.

(3) No decision, determination or order shall be made except upon consideration of the record as a whole and as supported by and in accordance with substantial evidence.

(b) Official notice.

(1) Official notice may be taken by the hearing officer or agency:

(i) of such facts which are so generally known or of such common notoriety that they cannot reasonably be the subject of dispute; or

(ii) of specific facts and propositions of generalized knowledge which are capable of immediate and accurate determination by resort to easily accessible sources of indisputable accuracy; or

(iii) of generally recognized technical or scientific facts within the agency's specialized knowledge.

(2) Parties shall be notified of any facts as to which official notice is proposed to be taken and afforded an opportunity to dispute the facts or their materiality.

(c) Documentary and demonstrative evidence.

(1) Documentary evidence may be offered but must be relevant, competent and material.

(2) Where a part of a document is read into evidence, any party is entitled to have the whole of the document read or made a part of the record.

(3) Demonstrative evidence shall be allowed if competent, relevant and material, and if a record of the demonstration can be preserved by testimony and exhibit.

(d) Witnesses. Each witness shall be sworn or make an affirmation.

(e) Unsworn testimony. Unsworn testimony will be considered arguments bearing on evidence otherwise entered.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 580.15