950 CMR 101.05
Evidence
(1) Rules of Evidence. The Division, as provided in M.G.L. c. 30A, § 11, need not observe the rules
of evidence observed by courts, but shall observe the rules of privilege recognized by law. Evidence
may be admitted and given probative effect only if it is the kind of evidence on which reasonable
persons are accustomed to rely in the conduct of serious affairs.
(2) Matters for Official Notice.
(a) Official notice may be taken of such matters as might be judicially noticed by the courts of the
United States or of this Commonwealth and in addition, the Division may take notice of general,
technical, orscientific factswithinits specialized knowledge; provided, that any party shall on timely
request be afforded an opportunity to contest the matters of which official notice is to be taken.
(b) Official notice in any Division proceeding also may be taken of any fact alleged, presented,
or found in any other Division proceeding or of the status and disposition of such proceeding;
provided that the parties shall be afforded an opportunity to contest the matters of which official
notice is to be taken.
(3) Objections and Exceptions. Formal exceptions to rulings on evidence and procedure are
unnecessary. It is sufficient that a party, at the time that a ruling of the Division is made or sought,
makes known to the Division the action which he desires taken or his objections to such action and his
grounds therefor. If a party does not have the opportunity to object to a ruling at the time it is made
or to request a particular ruling at an appropriate time, such party, within three days of notification of
the action taken or refused, shall state his objection and his grounds therefor.
(4) Production and View of Objects. A party may file a motion for the production or view of any
object which relates to the subject matter of any proceeding then pending before the Division. Said
motion shall be filed in accordance with 950 CMR 101.03 and shall be granted in the discretion of the
Division where justice requires.
(5) Exhibits. Every party shall have the right to introduce exhibits.