Okla. Admin. Code § 265:3-5-8

Current through Vol. 42, No. 4, November 1, 2024

Section 265:3-5-8 - Rules of evidence

(a) In any proceeding before the Office of the State Fire Marshal, the State Fire Marshal shall not be bound by the technical rules of evidence. The State Fire Marshal may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs.

(b) All irrelevant, immaterial, or unduly repetitious evidence shall be excluded.

(c) The State Fire Marshal shall give effect to the rules of privilege recognized by law.

(d) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available, provided that upon request parties shall be given an opportunity to compare the copy with the original.

(e) Each party shall have the right to conduct such cross examination as may be required for a full and true disclosure of the facts and shall have the right to submit rebuttal evidence.

(f) The State Fire Marshal may take notice of judicially cognizable facts.

(g) The State Fire Marshal may take notice of generally cognizable technical or scientific facts within its specialized knowledge; however, parties shall be notified either before or during the hearing of the material so noticed, and they shall be afforded an opportunity to contest the fact so noticed.

Okla. Admin. Code § 265:3-5-8