Rhode Island Code of Regulations
Title 280 - Department of Revenue
Chapter 30 - Division of Motor Vehicles
Subchapter 20 - Dealer Licensing and Registration
Part 1 - Dealers, Manufacturers, and Rental Licenses
Section 280-RICR-30-20-1.19 - Evidence
Universal Citation: 280 RI Code of Rules 30 20 1.19
Current through September 18, 2024
A. Rules of Evidence
1. Irrelevant, immaterial or unduly
repetitious evidence shall be excluded in all proceedings wherein evidence is
taken. While the rules of evidence as applied in civil cases in the Superior
Courts of this state shall be followed to the extent practicable, the Board
shall not be bound by the technical evidentiary rules. Evidence not otherwise
admissible may be admitted, unless precluded by statute, when necessary to
ascertain facts not reasonably susceptible of proof under the rules, if the
evidence is of a type commonly relied upon by reasonably prudent persons in the
conduct of their affairs. The rules of privilege recognized by law shall apply.
Objections to evidentiary offers may be made and shall be noted in the
record.
B. Administrative Notice
1. In all proceedings wherein evidence
is taken, notice may be taken of judicially cognizable facts. In addition,
notice may be taken of generally recognized technical or scientific facts
within the Board's specialized knowledge, including any report or data required
by law or regulation to be filed with the Department.
C. DMV Employees, Agents and Consultants
1. At a hearing, the Board may employ the use
of DMV employees, agents and consultants to assist in the evaluation of any
evidence introduced at the hearing.
D. Oath
1.
All testimony shall be under oath or by affirmation.
E. Testimony
1. At the discretion of the Board, an adverse
inference may be drawn by an assertion by a witness or a Party of his/her Fifth
Amendment rights under the U.S. Constitution.
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