Idaho State Statutes - Idaho Attorney Directory

(1) The presiding officer may
exclude evidence that is irrelevant, unduly repetitious, or excludable on
constitutional or statutory grounds, or on the basis of any evidentiary
privilege provided by statute or recognized in the courts of this state. All
other evidence may be admitted if it is of a type commonly relied upon by
prudent persons in the conduct of their affairs.
(2) Any part of the evidence may be received in written form if doing so
will expedite the hearing without substantially prejudicing the interests of
any party.
(3) Documentary evidence may be received in the form of copies or
excerpts, if the original is not readily available. Upon request, parties
shall be given an opportunity to compare the copy with the original if
available.
(4) Official notice may be taken of:
(a) any facts that could be judicially noticed in the courts of this
state; and
(b) generally recognized technical or scientific facts within the
agency's specialized knowledge.
Parties shall be notified of the specific facts or material noticed and the
source thereof, including any staff memoranda and data. Notice should be
provided either before or during the hearing, and must be provided before the
issuance of any order that is based in whole or in part on facts or material
noticed. Parties must be afforded a timely and meaningful opportunity to
contest and rebut the facts or material so noticed. When the presiding officer
proposes to notice staff memoranda or reports, a responsible staff member
shall be made available for cross-examination if any party so requests.
(5) The agency's experience, technical competence, and specialized
knowledge may be utilized in the evaluation of the evidence.

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