220 R.I. Code R. 220-RICR-50-10-2.14

Current through December 26, 2024

Section 220-RICR-50-10-2.14 - Evidence

A. Rules of Evidence. Irrelevant, immaterial or unduly repetitious evidence shall be excluded in all proceedings wherein evidence is taken. While the rules of evidence as applied in civil cases in the Superior Courts of this state shall be followed to the extent practicable, the Hearing Officer shall not be bound by the technical evidentiary rules. Evidence not otherwise admissible may be admitted, unless precluded by statute, when necessary to ascertain facts not reasonably susceptible of proof under the rules, if the evidence is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The rules of privilege recognized by law shall apply. Objections to evidentiary offers may be made and shall be noted in the record.

B. Exhibits, Copies. In all cases wherein evidence is taken, exhibits may be introduced in the form of copies or excerpts, if the original is not readily available. Upon request, a Party shall be given an opportunity to compare the copy with the original.

C. Administrative Notice. In all proceedings wherein evidence is taken, notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the Department's specialized knowledge. Parties shall be notified by the Hearing Officer either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any report or data required by law or regulation to be filed with the Department. Parties shall be afforded an opportunity to contest the material so noticed. The Hearing Officer's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence. The burden is on the Party requesting the Hearing Officer's notice to produce the documents or other matter for the Hearing Officer's review.

D. Department Employees, Agents and Consultants. At the hearing, the Hearing Officer may employ the use of Department employees, agents and consultants to assist him/her in the evaluation of any evidence introduced at the hearing.

E. Oath. All testimony shall be under oath or by affirmation.

F. Testimony. At the discretion of the Hearing Officer, an adverse inference may be drawn by an assertion by a witness or a Party of his/her Fifth Amendment rights under the U.S. Constitution.

G. Under Seal. Where it is determined necessary by the Hearing Officer either sua sponte or at the request of a Party, documentary evidence may be sealed to protect confidential agency documents. Such documents include but are not limited to agency work product entered into evidence pursuant to R.I. Gen. Laws § 36-4-40 appeal, civil service examination questions, and tax matters pursuant to R.I. Gen. Laws § 44-19-30. In the event of an appeal of a decision rendered in a matter where part of the record is under seal, the sealed portion shall be considered part of the record on appeal.

H. Objections. Objections to evidentiary evidence may be made and shall be noted on the record. Parties objecting to the introduction of evidence shall state the precise grounds for such objection at the time such evidence is offered. When objection is made to the admissibility of evidence, such evidence may be received subject to later ruling. The Hearing Officer may, in his/her discretion, either with or without objection, exclude inadmissible or cumulative evidence.

I. Documentary Evidence in Advance: Where practicable the Hearing Officer may require:

1. That all documentary evidence which is to be offered during hearing be submitted to the other Party and/or the Hearing Officer sufficiently in advance of offering such evidence to permit study and preparation of cross-examination and rebuttal evidence;

2. That documentary evidence not submitted in advance, as otherwise required under § 2.14(I)(1) of this Part, not be received in evidence in the absence of a clear showing that the offering Party had good cause for failing to produce the evidence sooner; and

3. That the authenticity of all documents submitted in advance in a proceeding in which such submission is required, be deemed admitted unless written objection thereto is filed prior to the hearing, except that a party will be permitted to challenge such authenticity at a later time upon a clear showing of good cause for failing to have filed such written objection.

220 R.I. Code R. 220-RICR-50-10-2.14