6 Del. Admin. Code § 103-20.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 103-20.0 - Evidence

20.1 Admissibility. The hearing officer shall receive relevant evidence and may exclude all evidence that is irrelevant, immaterial or unduly repetitious.

20.1.1 The hearing officer may make reference to and be guided by the Delaware Uniform Rules of Evidence. Notwithstanding those rules, the hearing officer may admit any evidence that reasonable and prudent individuals would commonly accept in the conduct of their affairs, and give probative effect to that evidence.

20.1.2 Evidence may not be excluded solely on the ground that it is hearsay.

20.2 Objections. Objections to the admission or exclusion of evidence must be made on the record and shall be in short form, stating the grounds relied upon. Exceptions to any ruling thereon by the hearing officer need not be noted at the time of the ruling.

20.3 Offers of proof. Whenever evidence is excluded from the record, the party offering such evidence may make an offer of proof, which shall be included in the record.

6 Del. Admin. Code § 103-20.0