Utah Administrative Code
Topic - Agriculture and Food
Title R51 - Administration
Rule R51-2 - Administrative Procedures for Informal Proceedings Before the Utah Department of Agriculture and Food
Section R51-2-12 - Testimony, Evidence and Argument
Current through Bulletin 2024-06, March 15, 2024
A. Testimony
At the hearing, the presiding officer shall accept oral or written testimony from any party. Further, the presiding officer shall have the right to question and examine any witnesses called to present testimony at a hearing.
B. Order of Presentation of Evidence
Unless otherwise directed by the presiding officer at a hearing, the presentation of evidence shall be as follows:
During any hearing a party may offer rebuttal evidence.
C. Rules of Evidence
A hearing may be conducted in an informal manner and without adherence to the rules of evidence required in judicial proceedings. Irrelevant, immaterial and unduly repetitious evidence shall be excluded. The weight to be given to evidence shall be determined by the presiding officer. Any relevant evidence may be admitted if it is the type of evidence commonly relied upon by prudent persons in the conduct of their affairs. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible in a judicial proceeding.
D. Documentary Evidence
Duplicate copies may be received as documentary evidence. However, upon request, parties shall be given an opportunity to compare the copy with the original, if available.
