Vermont Statutes
Chapter 25 - Administrative Procedure
§ 810. Rules of evidence; official notice

§ 810. Rules of evidence; official notice
In contested cases:
(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The Rules of Evidence as applied in civil cases in the Superior Courts of this State shall be followed. When necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible thereunder may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs. 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 received in 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.
(3) A party may conduct cross-examinations required for a full and true disclosure of the facts.
(4) Notice may be taken of judicially cognizable facts. In addition, notice may be taken of generally recognized technical or scientific facts within the agency’s specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency’s experience, technical competence, and specialized knowledge may be utilized in the evaluation of the evidence. (Added 1967, No. 360 (Adj. Sess.), § 10, eff. July 1, 1969; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

Structure Vermont Statutes

Vermont Statutes

Title 3 - Executive

Chapter 25 - Administrative Procedure

§ 800. Purpose

§ 801. Short title and definitions

§ 806. Procedure to request adoption of rules or procedures; guidance documents

§ 807. Declaratory judgment on validity or applicability of rules

§ 808. Procedure to request declaratory rulings by agencies

§ 809. Contested cases; notice; hearing; records

§ 809a. Enforcement of subpoenas; compulsion of testimony

§ 809b. Modification of subpoena or discovery order

§ 810. Rules of evidence; official notice

§ 811. Examination of evidence by agency

§ 812. Decisions and orders

§ 813. Ex parte consultations

§ 814. Licenses

§ 815. Judicial review of contested cases

§ 816. Exemptions

§ 817. Legislative Committee on Administrative Rules

§ 818. Secretary of State; centralized rule system

§ 820. Interagency Committee on Administrative Rules

§ 831. Required policy statements and rules

§ 832. Exemptions; limitations

§ 833. Style of rules

§ 834. Periodic review of rules and forms

§ 835. Procedures and guidance documents

§ 836. Procedure for adoption of rules

§ 837. Prefiling

§ 838. Filing of proposed rules

§ 839. Publication of proposed rules

§ 840. Public hearing and comment

§ 841. Final proposal

§ 842. Review by Legislative Committee

§ 843. Filing of adopted rules

§ 844. Emergency rules

§ 845. Effect of rules

§ 846. Remedies for procedural failures

§ 847. Availability of adopted rules; rules by Secretary of State

§ 848. Rules repeal; amendment of authority; notice by agency