Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

37 Pa. Code § 21.55. Evidence.

§ 21.55. Evidence.

 (a)  Parties have the right of presentation of evidence, cross-examination, objection, motion, and argument. The hearing examiner will not be bound by technical rules of evidence, but all relevant and material evidence of reasonable probative value shall be admissible. The hearing examiner may limit the number of witnesses upon an issue and may require a party to present additional evidence on an issue. Witnesses shall be sworn or shall affirm.

 (b)  Applications, certifications, orders, and formal notices relating to the proceedings may be considered by the hearing examiner in deciding the case even though they have not been made a part of the record or referred to therein. The hearing examiner may also take official notice of an official or public document not relating to the proceeding and of a matter subject to judicial notice.

 (c)  Subsections (a) and (b) supplement 1 Pa. Code § §  35.161—35.169 and 35.173 (relating to evidence and official notice).



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