Oklahoma Administrative Code
Title 340 - Department of Human Services
Chapter 2 - Administrative Components
Subchapter 5 - Fair Hearings
Part 9 - ADOPTION AND FOSTER CARE
Section 340:2-5-102 - Evidence
Universal Citation: OK Admin Code 340:2-5-102
Current through Vol. 42, No. 7, December 16, 2024
(a) In general.
(1) The Rules of Evidence are
not observed.
(2) Evidence is
admitted if it is the kind of evidence upon which reasonable persons are
accustomed to rely on in the conduct of serious affairs.
(3) Evidence which may reasonably be
construed as relevant and which is not otherwise unduly repetitious is
admitted.
(b) Specific evidentiary issues.
(1)
Documentary evidence may be received in the form of copies or excerpts if the
original is not readily available. Upon request, all parties are given an
opportunity to compare the copy with the original.
(2) Evidence normally stored in electronic
form may be printed and introduced as if the printed page was the original.
Electronic evidence includes, but is not limited to:
(A) Department of Human Services (DHS)
records;
(B) e-mail; and
(C) Internet pages.
(3) When all parties stipulate to a fact, the
administrative hearing officer (AHO) may make a finding of fact on the basis of
the stipulation.
(4) Judicial
notice.
(A) Law. Judicial notice is taken by
the AHO of the common law, constitutions, statutes, and administrative
regulations in force in every state, territory, and jurisdiction of the United
States.
(B) Facts.
(i) A judicially noticed adjudicative fact is
not subject to reasonable dispute. It is either:
(I) generally known within the state;
or
(II) capable of accurate and
ready determination by reference to sources whose accuracy cannot reasonably be
questioned.
(ii) An AHO
may take judicial notice of a fact:
(I) if
requested by a party and supplied with the necessary information; or
(II) on his or her own motion.
(C) Propriety. In
determining the propriety of taking judicial notice of a matter:
(i) the AHO may consult and use any source of
pertinent information, whether or not furnished by a party;
(ii) a party is entitled, upon timely
request, to have an opportunity to be heard as to the propriety of taking
judicial notice and the scope of the matter noticed. In the absence of prior
notification, the request may be made after judicial notice has been taken;
and
(iii) judicial notice may be
taken at any stage of the proceeding.
(5) Hearsay.
(A) Hearsay is evidence regarding a statement
made outside of the hearing by a person not present at the hearing and which is
offered to prove the truth of the statement.
(B) Hearsay evidence is not excluded because
of its hearsay nature but is admitted or excluded based upon the standards
listed in (C) and (D) of this paragraph.
(C) Admissibility and weight of hearsay
evidence is explained in (i) - (iii) of this subparagraph.
(i) Generally, evidence is admissible if it
is the kind of evidence upon which reasonable persons are accustomed to rely on
in the conduct of serious affairs.
(ii) Unlike judicial proceedings in which
certain classes of hearsay evidence are automatically excluded due to concerns
over the hearsay's reliability, no class of hearsay evidence is automatically
excluded in administrative proceedings.
(iii) Once hearsay evidence has been
admitted, it is still necessary for the AHO to decide what weight should be
given to the evidence.
(D) Even if hearsay evidence is admitted and
accorded great weight, an administrative decision may not be based solely on
hearsay.
Added at 19 Ok Reg 2199, eff 6-27-02
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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