Ariz. Admin. Code § 6-3-50190

Current through Register Vol. 30, No. 43, October 25, 2024

Section R6-3-50190 - Evidence (v L 190)

A. General (V L 190.05)

1. Evidence is that which furnishes any mode of proof or that which is submitted as a means of learning the truth of any alleged matter of fact. This evidence is usually in the form of oral or written statements of a claimant, employer, and/or witnesses. The adjudicator must obtain all pertinent evidence reasonably available to make a non-monetary determination.

2. A claimant or employer statement, written and signed by him, is valuable as evidence. Documentary evidence, such as physicians' statements or union by-laws and contracts, is often significant. Such evidence should be fully identified and proved authentic in order to have evidential weight.

B. Burden of proof and presumption (V L 190.1)

1. The burden of proof consists of the requirement to submit evidence of such nature that, taking all other circumstances into account, the facts alleged appear to be true. When this burden has been met, the evidence becomes proof.

2. The burden of proof rests upon the individual who makes a statement.

a. If a statement is denied by another party, and not supported by other evidence, it cannot be presumed to be true.

b. When a voluntary leaving has been established, the burden of proof rests on the claimant to show that it was for nondisqualifying reasons.

c. When a claimant states that he did not leave voluntarily, and the employer maintains he did, the burden of proof shifts to the employer to establish that there has been a quit.

C. Weight and sufficiency (V L 190.15)

1. Evidence must be evaluated during the course of adjudication to determine whether it is sufficient to make a decision. Sufficiency is reached when further rebuttal or circumstantial evidence will not alter the conclusions of the adjudicator.

2. When sufficient evidence has been obtained, all the facts available must be weighed. Only relevant evidence can be considered.

a. Unsupported oral statements may be outweighed by documentary evidence from disinterested third parties.

b. Specific detailed facts must be given more credence than general statements.

c. The testimony of eyewitnesses must be given more weight than hearsay statements.

Ariz. Admin. Code § R6-3-50190

Former Rule number -- Voluntary Leaving 190. - 190.15. Former Rule repealed, new Section R6-3-50190 adopted effective January 24, 1977 (Supp. 77-1).