Section 381-100-280 - Rules of evidence-Admissibility(1) All relevant evidence shall be admissible which, in the opinion of the presiding officer, is the best evidence reasonably obtainable, having due regard for its necessity, availability, and trustworthiness. "Relevant evidence" has the same meaning as in Washington rule of evidence 401.(2) In passing upon admissibility of evidence, the presiding officer shall give consideration to, but shall not be bound to follow, the Washington rules of evidence.(3) When objection is made to the admissibility of evidence, the evidence may be received subject to a later ruling.(4) The presiding officer may, in their discretion, either with or without objection, exclude inadmissible evidence, or order cumulative evidence discontinued.(5) Parties objecting to the introduction of evidence shall state the precise grounds of objection at the time such evidence is offered.(6) A certified laboratory report or a copy of such shall be admissible without further authentication.(7) If the sole evidence to support the allegation is hearsay that would be inadmissible in a superior court proceeding and is not substantiated or corroborated, the board shall not enter a finding of guilt.(8) If the sole evidence presented to substantiate the allegation is the result of a polygraph examination, a finding of guilty shall not be made. The results of polygraph examinations shall not be admissible into evidence at community custody violation hearings unless the parties have stipulated that the polygraph examination be conducted and the results be admissible in community custody violation hearing. Such stipulation may be evidenced by:(a) Showing that the individual has submitted to a condition of supervision that they submit themselves to polygraph examination at the request of the community corrections officer, and that the results of said examination(s) shall be admissible at a subsequent community custody violation hearing; or(b) Presenting a written stipulation entered by the individual, signed by the community corrections officer or their designee and by the individual before the polygraph examination in question was taken.Wash. Admin. Code § 381-100-280
Amended by WSR 24-12-050, Filed 5/31/2024, effective 7/1/2024Statutory Authority: RCW 34.05.220(1)(b). 09-08-109, § 381-100-280, filed 3/31/09, effective 5/1/09.