§ 21.55. Evidence.

 (a)  Parties have the right of presentation of evidence, cross-examination, objection, motion, and argument. The hearing examiner will not be bound by technical rules of evidence, but all relevant and material evidence of reasonable probative value shall be admissible. The hearing examiner may limit the number of witnesses upon an issue and may require a party to present additional evidence on an issue. Witnesses shall be sworn or shall affirm.

 (b)  Applications, certifications, orders, and formal notices relating to the proceedings may be considered by the hearing examiner in deciding the case even though they have not been made a part of the record or referred to therein. The hearing examiner may also take official notice of an official or public document not relating to the proceeding and of a matter subject to judicial notice.

 (c)  Subsections (a) and (b) supplement 1 Pa. Code § §  35.161—35.169 and 35.173 (relating to evidence and official notice).

No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.