(1) Oral evidence shall be taken only on oath oraffirmation.
(2) Each party shall have the right to call and examinewitnesses, to introduce exhibits, to cross-examine opposingwitnesses on any matter relevant to the issues even though thatmatter was not the subject of the direct examination, to impeachany witness regardless of which party first called him totestify, and to rebut the evidence against him.
(3) A party who does not testify in his own behalf may becalled and examined as if under cross-examination.
(4) Each agency shall cause all proceedings in hearingsbefore it to be suitably recorded and preserved. A copy of thetranscript of such a proceeding shall be made available to anyinterested person upon the payment of a fee which shall in nocase exceed the reasonable cost of preparation and supply.
(5) Records and documents of the agency which are to beconsidered in the case shall be offered in evidence so as tobecome a part of the record, the same as any other evidence, butthe records and documents may be considered as a part of therecord by reference thereto when so offered.
(6) Agencies shall take official notice of all matters ofwhich the courts take judicial notice. They may also takeofficial notice of technical or scientific facts, not judiciallycognizable, within their competence, if they notify the parties,either during a hearing or in writing before a hearing, or beforefindings are made after hearing, of the facts of which theypropose to take such notice and give the parties reasonableopportunity to contest such facts or otherwise show that it wouldnot be proper for the agency to take such notice of them.
(7) Evidence to which an objection is sustained shall, atthe request of the party seeking to introduce the same, or at theinstance of the agency, nevertheless be heard and preserved inthe record, together with any cross-examination with respectthereto and any rebuttal thereof, unless it is wholly irrelevant,repetitious, privileged, or unduly long.
(8) Any evidence received without objection which hasprobative value shall be considered by the agency along with theother evidence in the case. The rules of privilege shall beeffective to the same extent that they are now or may hereafterbe in civil actions. Irrelevant and unduly repetitious evidenceshall be excluded.
(9) Copies of writings, documents and records shall beadmissible without proof that the originals thereof cannot beproduced, if it shall appear by testimony or otherwise that thecopy offered is a true copy of the original, but the agency may,nevertheless, if it believes the interests of justice so require,sustain any objection to such evidence which would be sustainedwere the proffered evidence offered in a civil action in thecircuit court, but if it does sustain such an objection, it shallgive the party offering such evidence reasonable opportunity and,if necessary, opportunity at a later date, to establish byevidence the facts sought to be proved by the evidence to whichsuch objection is sustained.
(10) Any writing or record, whether in the form of an entryin a book or otherwise, made as a memorandum or record of an act,transaction, occurrence or event, shall be admissible as evidenceof the act, transaction, occurrence or event, if it shall appearthat it was made in the regular course of any business, and thatit was the regular course of such business to make suchmemorandum or record at the time of such act, transaction,occurrence, or event or within a reasonable time thereafter. Allother circumstances of the making of such writing or record,including lack of personal knowledge by the entrant or maker, maybe shown to affect the weight of such evidence, but such showingshall not affect its admissibility. The term "business" shallinclude business, profession, occupation and calling of everykind.
(11) The results of statistical examinations or studies, orof audits, compilations of figures, or surveys, involvinginterviews with many persons, or examination of many records, orof long or complicated accounts, or of a large number of figures,or involving the ascertainment of many related facts, shall beadmissible as evidence of such results, if it shall appear thatsuch examination, study, audit, compilation of figures, or surveywas made by or under the supervision of a witness, who is presentat the hearing, who testifies to the accuracy of such results,and who is subject to cross-examination, and if it shall furtherappear by evidence adduced that the witness making or under whosesupervision such examination, study, audit, compilation offigures, or survey was made was basically qualified to make it.All the circumstances relating to the making of such anexamination, study, audit, compilation of figures or survey,including the nature and extent of the qualifications of themaker, may be shown to affect the weight of such evidence butsuch showing shall not affect its admissibility.
(12) Any party or the agency desiring to introduce anaffidavit in evidence at a hearing in a contested case may serveon all other parties (including, in a proper case, the agency)copies of such affidavit in the manner hereinafter provided, atany time before the hearing, or at such later time as may bestipulated. Not later than seven days after such service, or atsuch later time as may be stipulated, any other party (or, in aproper case, the agency) may serve on the party or the agency whoserved such affidavit an objection to the use of the affidavit orsome designated portion or portions thereof on the ground that itis in the form of an affidavit; provided, however, that if suchaffidavit shall have been served less than eight days before thehearing such objection may be served at any time before thehearing or may be made orally at the hearing. If such objectionis so served, the affidavit or the part thereof to whichobjection was made, may not be used except in ways that wouldhave been permissible in the absence of this subdivision;provided, however, that such objection may be waived by the partyor the agency making the same. Failure to serve an objection asaforesaid, based on the ground aforesaid, shall constitute awaiver of all objections to the introduction of such affidavit,or of the parts thereof with respect to which no such objectionwas so served, on the ground that it is in the form of anaffidavit, or that it constitutes or contains hearsay evidence,or that it is not, or contains matters which are not, the bestevidence, but any and all other objections may be made at thehearing. Nothing herein contained shall prevent thecross-examination of the affiant if he is present in obedience toa subpoena or otherwise and if he is present, he may be calledfor cross-examination during the case of the party who introducedthe affidavit in evidence. If the affidavit is admissible inpart only it shall be admitted as to such part, without thenecessity of preparing a new affidavit. The manner of service ofsuch affidavit and of such objection shall be by delivering ormailing copies thereof to the attorneys of record of the partiesbeing served, if any, otherwise, to such parties, and serviceshall be deemed complete upon mailing; provided, however, thatwhen the parties are so numerous as to make service of copies ofthe affidavit on all of them unduly onerous, the agency may makean order specifying on what parties service of copies of suchaffidavit shall be made, and in that case a copy of suchaffidavit shall be filed with the agency and kept available forinspection and copying. Nothing in this subdivision shallprevent any use of affidavits that would be proper in the absenceof this subdivision.
(L. 1945 p. 1504 §§ 7, 8, A.L. 1957 p. 748 § 536.080, A.L. 1978 S.B. 661)
(1) Oral evidence shall be taken only on oath oraffirmation.
(2) Each party shall have the right to call and examinewitnesses, to introduce exhibits, to cross-examine opposingwitnesses on any matter relevant to the issues even though thatmatter was not the subject of the direct examination, to impeachany witness regardless of which party first called him totestify, and to rebut the evidence against him.
(3) A party who does not testify in his own behalf may becalled and examined as if under cross-examination.
(4) Each agency shall cause all proceedings in hearingsbefore it to be suitably recorded and preserved. A copy of thetranscript of such a proceeding shall be made available to anyinterested person upon the payment of a fee which shall in nocase exceed the reasonable cost of preparation and supply.
(5) Records and documents of the agency which are to beconsidered in the case shall be offered in evidence so as tobecome a part of the record, the same as any other evidence, butthe records and documents may be considered as a part of therecord by reference thereto when so offered.
(6) Agencies shall take official notice of all matters ofwhich the courts take judicial notice. They may also takeofficial notice of technical or scientific facts, not judiciallycognizable, within their competence, if they notify the parties,either during a hearing or in writing before a hearing, or beforefindings are made after hearing, of the facts of which theypropose to take such notice and give the parties reasonableopportunity to contest such facts or otherwise show that it wouldnot be proper for the agency to take such notice of them.
(7) Evidence to which an objection is sustained shall, atthe request of the party seeking to introduce the same, or at theinstance of the agency, nevertheless be heard and preserved inthe record, together with any cross-examination with respectthereto and any rebuttal thereof, unless it is wholly irrelevant,repetitious, privileged, or unduly long.
(8) Any evidence received without objection which hasprobative value shall be considered by the agency along with theother evidence in the case. The rules of privilege shall beeffective to the same extent that they are now or may hereafterbe in civil actions. Irrelevant and unduly repetitious evidenceshall be excluded.
(9) Copies of writings, documents and records shall beadmissible without proof that the originals thereof cannot beproduced, if it shall appear by testimony or otherwise that thecopy offered is a true copy of the original, but the agency may,nevertheless, if it believes the interests of justice so require,sustain any objection to such evidence which would be sustainedwere the proffered evidence offered in a civil action in thecircuit court, but if it does sustain such an objection, it shallgive the party offering such evidence reasonable opportunity and,if necessary, opportunity at a later date, to establish byevidence the facts sought to be proved by the evidence to whichsuch objection is sustained.
(10) Any writing or record, whether in the form of an entryin a book or otherwise, made as a memorandum or record of an act,transaction, occurrence or event, shall be admissible as evidenceof the act, transaction, occurrence or event, if it shall appearthat it was made in the regular course of any business, and thatit was the regular course of such business to make suchmemorandum or record at the time of such act, transaction,occurrence, or event or within a reasonable time thereafter. Allother circumstances of the making of such writing or record,including lack of personal knowledge by the entrant or maker, maybe shown to affect the weight of such evidence, but such showingshall not affect its admissibility. The term "business" shallinclude business, profession, occupation and calling of everykind.
(11) The results of statistical examinations or studies, orof audits, compilations of figures, or surveys, involvinginterviews with many persons, or examination of many records, orof long or complicated accounts, or of a large number of figures,or involving the ascertainment of many related facts, shall beadmissible as evidence of such results, if it shall appear thatsuch examination, study, audit, compilation of figures, or surveywas made by or under the supervision of a witness, who is presentat the hearing, who testifies to the accuracy of such results,and who is subject to cross-examination, and if it shall furtherappear by evidence adduced that the witness making or under whosesupervision such examination, study, audit, compilation offigures, or survey was made was basically qualified to make it.All the circumstances relating to the making of such anexamination, study, audit, compilation of figures or survey,including the nature and extent of the qualifications of themaker, may be shown to affect the weight of such evidence butsuch showing shall not affect its admissibility.
(12) Any party or the agency desiring to introduce anaffidavit in evidence at a hearing in a contested case may serveon all other parties (including, in a proper case, the agency)copies of such affidavit in the manner hereinafter provided, atany time before the hearing, or at such later time as may bestipulated. Not later than seven days after such service, or atsuch later time as may be stipulated, any other party (or, in aproper case, the agency) may serve on the party or the agency whoserved such affidavit an objection to the use of the affidavit orsome designated portion or portions thereof on the ground that itis in the form of an affidavit; provided, however, that if suchaffidavit shall have been served less than eight days before thehearing such objection may be served at any time before thehearing or may be made orally at the hearing. If such objectionis so served, the affidavit or the part thereof to whichobjection was made, may not be used except in ways that wouldhave been permissible in the absence of this subdivision;provided, however, that such objection may be waived by the partyor the agency making the same. Failure to serve an objection asaforesaid, based on the ground aforesaid, shall constitute awaiver of all objections to the introduction of such affidavit,or of the parts thereof with respect to which no such objectionwas so served, on the ground that it is in the form of anaffidavit, or that it constitutes or contains hearsay evidence,or that it is not, or contains matters which are not, the bestevidence, but any and all other objections may be made at thehearing. Nothing herein contained shall prevent thecross-examination of the affiant if he is present in obedience toa subpoena or otherwise and if he is present, he may be calledfor cross-examination during the case of the party who introducedthe affidavit in evidence. If the affidavit is admissible inpart only it shall be admitted as to such part, without thenecessity of preparing a new affidavit. The manner of service ofsuch affidavit and of such objection shall be by delivering ormailing copies thereof to the attorneys of record of the partiesbeing served, if any, otherwise, to such parties, and serviceshall be deemed complete upon mailing; provided, however, thatwhen the parties are so numerous as to make service of copies ofthe affidavit on all of them unduly onerous, the agency may makean order specifying on what parties service of copies of suchaffidavit shall be made, and in that case a copy of suchaffidavit shall be filed with the agency and kept available forinspection and copying. Nothing in this subdivision shallprevent any use of affidavits that would be proper in the absenceof this subdivision.
(L. 1945 p. 1504 §§ 7, 8, A.L. 1957 p. 748 § 536.080, A.L. 1978 S.B. 661)
(1) Oral evidence shall be taken only on oath oraffirmation.
(2) Each party shall have the right to call and examinewitnesses, to introduce exhibits, to cross-examine opposingwitnesses on any matter relevant to the issues even though thatmatter was not the subject of the direct examination, to impeachany witness regardless of which party first called him totestify, and to rebut the evidence against him.
(3) A party who does not testify in his own behalf may becalled and examined as if under cross-examination.
(4) Each agency shall cause all proceedings in hearingsbefore it to be suitably recorded and preserved. A copy of thetranscript of such a proceeding shall be made available to anyinterested person upon the payment of a fee which shall in nocase exceed the reasonable cost of preparation and supply.
(5) Records and documents of the agency which are to beconsidered in the case shall be offered in evidence so as tobecome a part of the record, the same as any other evidence, butthe records and documents may be considered as a part of therecord by reference thereto when so offered.
(6) Agencies shall take official notice of all matters ofwhich the courts take judicial notice. They may also takeofficial notice of technical or scientific facts, not judiciallycognizable, within their competence, if they notify the parties,either during a hearing or in writing before a hearing, or beforefindings are made after hearing, of the facts of which theypropose to take such notice and give the parties reasonableopportunity to contest such facts or otherwise show that it wouldnot be proper for the agency to take such notice of them.
(7) Evidence to which an objection is sustained shall, atthe request of the party seeking to introduce the same, or at theinstance of the agency, nevertheless be heard and preserved inthe record, together with any cross-examination with respectthereto and any rebuttal thereof, unless it is wholly irrelevant,repetitious, privileged, or unduly long.
(8) Any evidence received without objection which hasprobative value shall be considered by the agency along with theother evidence in the case. The rules of privilege shall beeffective to the same extent that they are now or may hereafterbe in civil actions. Irrelevant and unduly repetitious evidenceshall be excluded.
(9) Copies of writings, documents and records shall beadmissible without proof that the originals thereof cannot beproduced, if it shall appear by testimony or otherwise that thecopy offered is a true copy of the original, but the agency may,nevertheless, if it believes the interests of justice so require,sustain any objection to such evidence which would be sustainedwere the proffered evidence offered in a civil action in thecircuit court, but if it does sustain such an objection, it shallgive the party offering such evidence reasonable opportunity and,if necessary, opportunity at a later date, to establish byevidence the facts sought to be proved by the evidence to whichsuch objection is sustained.
(10) Any writing or record, whether in the form of an entryin a book or otherwise, made as a memorandum or record of an act,transaction, occurrence or event, shall be admissible as evidenceof the act, transaction, occurrence or event, if it shall appearthat it was made in the regular course of any business, and thatit was the regular course of such business to make suchmemorandum or record at the time of such act, transaction,occurrence, or event or within a reasonable time thereafter. Allother circumstances of the making of such writing or record,including lack of personal knowledge by the entrant or maker, maybe shown to affect the weight of such evidence, but such showingshall not affect its admissibility. The term "business" shallinclude business, profession, occupation and calling of everykind.
(11) The results of statistical examinations or studies, orof audits, compilations of figures, or surveys, involvinginterviews with many persons, or examination of many records, orof long or complicated accounts, or of a large number of figures,or involving the ascertainment of many related facts, shall beadmissible as evidence of such results, if it shall appear thatsuch examination, study, audit, compilation of figures, or surveywas made by or under the supervision of a witness, who is presentat the hearing, who testifies to the accuracy of such results,and who is subject to cross-examination, and if it shall furtherappear by evidence adduced that the witness making or under whosesupervision such examination, study, audit, compilation offigures, or survey was made was basically qualified to make it.All the circumstances relating to the making of such anexamination, study, audit, compilation of figures or survey,including the nature and extent of the qualifications of themaker, may be shown to affect the weight of such evidence butsuch showing shall not affect its admissibility.
(12) Any party or the agency desiring to introduce anaffidavit in evidence at a hearing in a contested case may serveon all other parties (including, in a proper case, the agency)copies of such affidavit in the manner hereinafter provided, atany time before the hearing, or at such later time as may bestipulated. Not later than seven days after such service, or atsuch later time as may be stipulated, any other party (or, in aproper case, the agency) may serve on the party or the agency whoserved such affidavit an objection to the use of the affidavit orsome designated portion or portions thereof on the ground that itis in the form of an affidavit; provided, however, that if suchaffidavit shall have been served less than eight days before thehearing such objection may be served at any time before thehearing or may be made orally at the hearing. If such objectionis so served, the affidavit or the part thereof to whichobjection was made, may not be used except in ways that wouldhave been permissible in the absence of this subdivision;provided, however, that such objection may be waived by the partyor the agency making the same. Failure to serve an objection asaforesaid, based on the ground aforesaid, shall constitute awaiver of all objections to the introduction of such affidavit,or of the parts thereof with respect to which no such objectionwas so served, on the ground that it is in the form of anaffidavit, or that it constitutes or contains hearsay evidence,or that it is not, or contains matters which are not, the bestevidence, but any and all other objections may be made at thehearing. Nothing herein contained shall prevent thecross-examination of the affiant if he is present in obedience toa subpoena or otherwise and if he is present, he may be calledfor cross-examination during the case of the party who introducedthe affidavit in evidence. If the affidavit is admissible inpart only it shall be admitted as to such part, without thenecessity of preparing a new affidavit. The manner of service ofsuch affidavit and of such objection shall be by delivering ormailing copies thereof to the attorneys of record of the partiesbeing served, if any, otherwise, to such parties, and serviceshall be deemed complete upon mailing; provided, however, thatwhen the parties are so numerous as to make service of copies ofthe affidavit on all of them unduly onerous, the agency may makean order specifying on what parties service of copies of suchaffidavit shall be made, and in that case a copy of suchaffidavit shall be filed with the agency and kept available forinspection and copying. Nothing in this subdivision shallprevent any use of affidavits that would be proper in the absenceof this subdivision.
(L. 1945 p. 1504 §§ 7, 8, A.L. 1957 p. 748 § 536.080, A.L. 1978 S.B. 661)
