Evidence

(1) General. Pursuant to M.G.L. c. 30A, § 11(2), the rules of evidence observed by courts shall not apply to classification hearings, but the rules of privilege recognized by law shall be observed. Evidence may be admitted and given probative effect only if it is the kind of evidence on which reasonable persons are accustomed to rely on in the conduct of serious affairs. The hearing examiner may exclude irrelevant, unreliable, and repetitive evidence. (2) Presentation at Hearing. Evidence will not be considered unless it is presented at the hearing or accepted by the hearing examiner in conjunction with a motion to reopen the record under 803 CMR 1.16(5). The hearing examiner may, upon request of a party for good cause shown, hold the record open to receive additional evidence for a specified period of time after the hearing. When additional evidence is admitted post-hearing, the other party must be granted a specific period of time to review the evidence and submit a written response. (3) Oral Testimony. Each witness shall testify under oath or affirmation. Each witness shall be available for direct examination and cross-examination. (4) Stipulations. The parties may, by written stipulation filed with the hearing examiner at any stage of the proceeding or by oral stipulation made at the hearing, agree as to the truth of any fact pertinent to the proceedings.