17A.14 Rules of evidence — official notice.
In contested cases:
1. Irrelevant, immaterial, or unduly repetitious evidence should be excluded. A finding shall be based upon the kind of evidence on which reasonably prudent persons are accustomed to rely for the conduct of their serious affairs, and may be based upon such evidence even if it would be inadmissible in a jury trial. Agencies shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. 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 required to be submitted in verified written form.
2. 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, if available.
3. Witnesses at the hearing, or persons whose testimony has been submitted in written form if available, shall be subject to cross-examination by any party as necessary for a full and true disclosure of the facts.
4. Official notice may be taken of all facts of which judicial notice may be taken and of other facts within the specialized knowledge of the agency. Parties shall be notified at the earliest practicable time, either before or during the hearing, or by reference in preliminary reports, preliminary decisions or otherwise, of the facts proposed to be noticed and their source, including any staff memoranda or data, and the parties shall be afforded an opportunity to contest such facts before the decision is announced unless the agency determines as part of the record or decision that fairness to the parties does not require an opportunity to contest such facts.
5. The agency’s experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence.
[C75, 77, 79, 81, §17A.14]
Referred to in §17A.9, 68B.31, 421.17
Structure Iowa Code
Title I - STATE SOVEREIGNTY AND MANAGEMENT
Chapter 17A - IOWA ADMINISTRATIVE PROCEDURE ACT
Section 17A.1 - Citation and statement of purpose.
Section 17A.3 - Public information — adoption of rules — availability of rules and orders.
Section 17A.4 - Procedure for adoption of rules.
Section 17A.4A - Regulatory analysis.
Section 17A.4B - Jobs impact statement.
Section 17A.5 - Filing and taking effect of rules.
Section 17A.6 - Publications — copy of standards adopted by reference.
Section 17A.6A - Rulemaking internet site.
Section 17A.6B - Agency fees internet site — notice.
Section 17A.8 - Administrative rules review committee.
Section 17A.9 - Declaratory orders.
Section 17A.10 - Informal settlements — waiver.
Section 17A.10A - Contested cases — no factual dispute.
Section 17A.11 - Presiding officer, disqualification, substitution.
Section 17A.12 - Contested cases — notice — hearing — records.
Section 17A.13 - Subpoenas — discovery.
Section 17A.14 - Rules of evidence — official notice.
Section 17A.15 - Final decisions — proposed decisions — conclusiveness — review by the agency.
Section 17A.16 - Decisions and orders — rehearing.
Section 17A.17 - Ex parte communications and separation of functions.
Section 17A.18A - Emergency adjudicative proceedings.
Section 17A.19 - Judicial review.
Section 17A.21 - Inconsistency with federal law.
Section 17A.22 - Agency authority to implement chapter.
Section 17A.23 - Construction — delegation of authority.
Section 17A.33 - Review by administrative rules review committee — priority.
Section 17A.34 - Competition with private enterprise — notice for proposed rules.