§ 35.163. Designation of relevant portions of documentary evidence.
Where relevant and material matter offered in evidence is embraced in a document containing other matter not material or relevant and not intended to be put in evidence, the participant offering such document shall plainly designate the matter so offered, segregating and excluding insofar as practicable the immaterial or irrelevant parts. If other matter is in such document in such bulk or extent as would unnecessarily encumber the record, such document will not be received in evidence, but may be marked for identification, and, if properly authenticated, the relevant and material parts thereof may be read into the record, or if the agency head or the presiding officer so directs, a true copy of such matter in proper form shall be received in evidence as an exhibit, and copies shall be delivered by the participant offering the same to the other participants appearing at the hearing, who shall be afforded an opportunity to examine the entire document and to offer in evidence in like manner other material and relevant portions thereof.
Cross References This section cited in 4 Pa. Code § 89.29 (relating to evidence); 4 Pa. Code § 265.3 (relating to level II hearings); 10 Pa. Code § 3.11 (relating to hearing rules); 12 Pa. Code § 81.209 (relating to rules of evidence not to apply); 34 Pa. Code § 131.53 (relating to procedures subsequent to the first hearing); 34 Pa. Code § 121.53a (relating to consolidated hearing procedure); 34 Pa. Code § 131.101 (relating to briefs and findings of fact and close of record); 34 Pa. Code § 131.203 (relating to hearing procedures); 37 Pa. Code § 21.55 (relating to evidence); 40 Pa. Code § 15.51 (relating to evidence); 52 Pa. Code § 5.403 (relating to control of receipt of evidence); 52 Pa. Code § 1005.143 (relating to control of receipt of evidence); and 61 Pa. Code § 702.6 (relating to formal rules of evidence).
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