Section 25-37d-6 - Evidence at the public hearing(a) Any oral or documentary evidence may be received, but the Commissioner shall, as a matter of policy, provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. The Commissioner or hearing officer shall give effect to the rules of privilege recognized by law. Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form.(b) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.(c) A party or intervenor may conduct cross examinations required for a full and true disclosure of the facts.(d)Facts noticed, commission records. The Commissioner may take notice of judicially cognizable facts, including prior decisions and orders of the Commissioner. Any exhibit admitted as evidence by the Commissioner in a prior hearing may be offered as evidence in a subsequent hearing and admitted as an exhibit therein; but the Commissioner shall not deem such exhibit to be judicially cognizable in whole or in part and shall not consider any facts set forth therein unless such exhibit is duly admitted as evidence in the proceeding then being heard.(e)Facts noticed, procedure. The Commissioner may take notice of generally recognized technical or scientific facts within the Commissioner's specialized knowledge. Parties shall be afforded an opportunity to contest the material so noticed by being notified before or during the hearing, or by an appropriate reference in preliminary reports or otherwise of the material noticed. The Commissioner shall nevertheless also employ the Commissioner's experience, technical competence, and specialized knowledge in evaluating the evidence presented at the hearing for the purpose of making the findings of the facts and arriving at a decision.(f) The evaluation of the professional review team made in accordance with the requirements of Section 25-37d of the Connecticut General Statutes shall become part of the hearing record after its adoption under oath, and the authors thereof shall be subject to cross-examination on its contents.Conn. Agencies Regs. § 25-37d-6
Effective February 6, 1980; Amended September 6, 2006