§ 35-8. Administrative review – Evidence.

(a) In general.

Except as otherwise provided by this section or by rule or regulation of the Department, formal rules of evidence and trial procedures do not apply.

(b) Right to submit.

A party is entitled to:

(1) call witnesses;

(2) offer evidence, including rebuttal evidence;

(3) cross-examine any witness that another party or the Department calls; and

(4) present summation and argument.

(c) Scope.

The Director or hearing officer:

(1) may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence;

(2) may not exclude evidence solely on the basis that it is hearsay;

(3) must give effect to a privilege recognized by law;

(4) may receive documentary evidence in the form of copies or excerpts or through incorporation by reference;

(5) may take official notice of a fact that is judicially noticeable or that is general, technical, or scientific and within the specialized knowledge of the Department; and

(6) may exclude evidence that is:

(i) incompetent;

(ii) irrelevant;

(iii) immaterial; or

(iv) unduly repetitious.