Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Evidence Rules topic
No spam. Unsubscribe anytime.
Board includes hearsay language in proposed rules after office of law input
Summary
The proposed rules add hearsay language (sourced from counsel/attorney brief) and leave the Board 'not bound by technical evidence' while the office of law will review consolidated evidence definitions in the first draft.
The draft includes a section on hearsay that was copied from an attorney’s brief and reviewed by the office of law. Chair Ryan said the provision was inserted because previous hearing practice and attorney argument showed a legal basis for allowing certain hearsay in quasi‑judicial proceedings, and the office of law accepted that approach in its opinion.
"This is what [an attorney] wrote in his brief and the office of law... said, yeah, that's correct," Chair Ryan said, explaining why the language was included. Board counsel noted the board is 'not bound by technical evidence' rules and that definitions of hearsay will be included in the consolidated definitions section for full review.
Members asked staff to capture counsel's comments and make sure the consolidated draft includes the evidence rule and a clear definition of hearsay for member review and for the office of law to vet the language.
