Code of Maine Rules
94 - INDEPENDENT AGENCIES
411 - MAINE PUBLIC EMPLOYEES RETIREMENT SYSTEM (MAINEPERS)
Chapter 702 - APPEALS OF DECISIONS OF THE CHIEF EXECUTIVE OFFICER
Section 411-702-11 - Evidence

1. Admissibility. Evidence shall be admitted if it is the kind of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs.

2. Testimony and Conduct of Hearings. Testimony may be provided in person, by video, by deposition, or, for compelling reasons, by telephone or sworn written statement at the discretion of the hearing officer. With the exception of sequestered witnesses, all participants in a hearing conducted by video conferencing must be able to hear and see the other participants. and all participants in a hearing conducted telephonically must be able to hear the other participants. Parties must ensure that witnesses who provide sworn written statements or testimony be available for cross-examination during the hearing, although the cross-examination of expert witnesses may, at the request of a party, take place at a different time.

3. Irrelevant or repetitious evidence. Evidence which is irrelevant or unduly repetitive may be excluded.

4. No formal rules of evidence. Formal rules of evidence are not required and need not be observed.

5. Weight of evidence. The fact that evidence is admitted shall not limit the authority of the hearing officer to determine the weight to be given the evidence.

6. Hearsay. Hearsay evidence shall not be excluded simply because of its hearsay nature.

The hearing officer will determine the weight to be given to hearsay evidence.

7. Rules of privilege. Rules of privilege as provided in the Maine Rules of Evidence, Article 5, shall be observed.

8. Stipulation of facts. When all parties stipulate to a fact, the hearing officer may make a finding of fact on the basis of the stipulation. Signed statements or on-the-record oral statements by parties are sufficient as stipulations.

9. Official notice of facts. The hearing officer may take official notice of a fact upon her/his own initiative or at the request of a party. Official notice may be taken of any fact of which judicial notice could be taken, and in addition, of any general or technical matter within the specialized experience or knowledge of the hearing officer, and of any statutes, rules and non-confidential public records. The hearing officer will notify the parties when official notice is taken and shall afford the parties an opportunity to contest the reliability, substance and/or materiality of the material noticed.

10. Rebuttal Evidence. To the extent that the appellant testifies or introduces evidence on matters or facts not previously known to the System, the hearing officer may, at the request of the MainePERS Representative, hold the record open for a reasonable period in order to allow the System to offer rebuttal evidence.