25.06.100 Evidence

(a) In hearings subject to this title, the Commission will not be bound by technical rules relating to evidence and witnesses. The Commission will admit all testimony that tends to prove a relevant issue to the hearing, but will exclude immaterial, irrelevant or unduly repetitious testimony. The Commission will give effect to the rules of privilege, unless such privilege is waived. The submission of evidence or taking of testimony shall be controlled by basic principles of relevancy, materiality and whether or not the evidence or testimony relates to a relevant issue of the bearing. Objections to evidentiary offers and offers of proof of evidence not admitted may be made and will be noted.

(b) All evidence, including records and documents in the possession of the Commission or which the Commission desires to avail itself, will be duly offered and made a part of the record in the case. Each party will be afforded and made a part of the record in the case. Each party will be afforded adequate opportunity to rebut or offer countervailing evidence.

(c) The Commission may take official notice of any generally recognized fact or any established technical or scientific fact; but parties will be notified either before or during the hearing or by full reference in preliminary reports or otherwise, of the facts so noticed, and they will be afforded an opportunity to contest the validity of the official notice.

(d) Documentary evidence may be received in the form of copies or excerpts, if the original is not readily available. Upon request, parties will be given an opportunity to compare the copy to the original.

(e) The record in a hearing governed by this Ordinance will include:

(1) applications, pleadings, intermediate rulings and exhibits and appendices thereto;

(2) evidence received or considered, stipulations and admissions, including but not limited to confidential evidence.

(3) a statement of matters officially noticed;

(A) Questions and offers of proof, objections and ruling thereon;

(B) Any proposed findings or decisions and exceptions;

(C) Any decision, opinion or report by the Court; and

(D) The audio recording or transcript from such audio recording prepared by a duly certified court reporter.