Section 160. Evidence at formal hearing

A. Parties may present direct and rebuttal evidence in written and oral form, and may conduct such cross-examination as necessary to elicit a full and fair disclosure of the facts. The hearing officer may direct that written evidence be orally summarized, but written testimony should not otherwise be read aloud except under extraordinary circumstances as determined by the hearing officer. The hearing officer may also prescribe reasonable time limits for the presentation of oral testimony.

B. The hearing officer shall admit all relevant, competent and material evidence offered by the parties but shall exclude evidence which he determines to be repetitive, irrelevant, immaterial or otherwise inadmissible under § 62.1-44.27 of the Code of Virginia. The hearing officer, for good cause shown, may admit any evidence filed in contravention of an applicable deadline in the pre-hearing order where he determines that such evidence would be useful and material to the proceedings. A copy of the record of the public hearing, if any, shall be admitted, but shall not control the proceedings of the formal hearing.

C. Whenever any evidence or testimony is excluded by the hearing officer as inadmissible, so much of the excluded material as is in written form shall remain in the record as an offer of proof, and shall be marked "excluded" by the hearing officer. Where oral testimony is excluded, the party seeking to introduce it may make an offer of proof in the form of a brief descriptive statement for the record.

D. The hearing officer may, on his own motion, and shall, on the objection of any party, rule on the relevance, propriety and conduct of the presentation of evidence, cross-examination and rebuttal, and may prohibit any presentation, examination, cross-examination and rebuttal that is irrelevant, immaterial, unsubstantial, privileged, repetitious, abusive, argumentative, or otherwise improper.

Historical Notes

Derived from VR680-31-01 § 1.26, eff. June 10, 1980.

Statutory Authority

§§ 62.1-44.15(5) and (7), 62.1-44.16, 62.1-44.17, 62.1-44.18:2 and 62.1-44.19 of the Code of Virginia.