627. WITNESSES

627 PRESENTATION OF EVIDENCE OR WITNESSES 627.1 All material and relevant evidence or testimony shall be admissible, but may be excluded if it is unduly repetitious. 627.2 During an evidentiary hearing, a party shall be entitled to present his or her case or defense by oral, documentary or physical evidence, and to conduct reasonable cross-examination. 627.3 Objections to the admission of evidence, or to the conduct of the proceeding, may be made orally on the record where an evidentiary hearing has been provided, or by written motion. Argument thereon, or briefs or legal memoranda, if requested by the Administrative Judge, shall be included in the record. Rulings on objections shall be made at the time of the objection or prior to the receipt of further evidence, unless the Administrative Judge orders otherwise, and shall be a part of the record. 627.4 The parties may agree upon any facts or procedures relevant to the proceeding. Such stipulations shall be binding on the parties. 627.5 The Administrative Judge on his or her own motion or on motion of a party, may take official notice of matters of common knowledge or matters that can be verified. Official notice taken of any fact shall satisfy a party's burden of proving the fact noticed. 627.6 All exhibits offered into evidence shall be numbered and marked so as to identify the party offering the exhibit. 627.7 Whenever evidence is excluded by the Administrative Judge, the offering party may make an offer of proof of what the party expects the evidence to establish. In the case of an evidentiary hearing, if the offer of proof consists of an oral statement, it shall be included in the record. If the offer of proof consists of an exhibit or other documentary evidence, it shall be marked for identification and retained in the record so as to be available for consideration by any reviewing authority. SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).