Washington Administrative Code
Title - Northwest Clean Air Agency
100 - GENERAL PROVISIONS
Sec2 120 - HEARINGS
Universal Citation: WA Admin Code 120
Current through Register Vol. 24-18, September 15, 2024
120.1 The Board shall retain authority to hold hearings, issue subpoenas for witnesses and evidence, and take testimony under oath and do all things not prohibited by or in a conflict with state law, in any hearing held under the Regulations of the NWCAA.
120.11 The Board shall admit and give
probative effect to evidence which possesses probative value commonly accepted
by reasonable prudent persons in the conduct of their affairs. The Board shall
give effect to the rules of privilege recognized by law. The Board shall
exclude incompetent, irrelevant, immaterial and unduly repetitious
evidence.
120.12 All evidence,
including but not limited to records, and documents in the possession of the
Board of which it desired to avail itself, shall be offered and made a part of
the record in the case, and no other factual information or evidence shall be
considered in the determination of the case. Documentary evidence may be
received in the form of copies or excerpts, or by incorporation by
reference.
120.13 Every party shall
have the right to cross-examination of witnesses who testify, and shall have
the right to submit rebuttal evidence.
120.14 The Board may take notice of
judicially cognizable facts and in addition may take notice of general,
technical, or scientific facts within their specialized knowledge. Parties
shall be notified either before or during hearing, or by reference in
preliminary reports or otherwise, of the material so noticed, and they shall be
afforded an opportunity to contest the facts so noticed. The Board may utilize
their experience, technical competence, and their specialized knowledge in the
evaluation of the evidence presented to them.
120.2 Any hearings held under this section, under the Washington Clean Air Act (RCW 70.94 and 43.21B) shall be pursuant to the provisions of RCW 34.05 as now or hereafter amended.
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