At the request of any interested person, all live testimony shall be under oath. The
examiner shall have the power to administer oaths or affirmations and to certify official
acts. The examiner may permit testimony by affidavit or declaration. Live testimony
may be given in an informal narrative style. The Environmental Health Department and
any person to whom notice of the hearing was given, or should have been given, shall
have the right to call and examine witnesses, to introduce exhibits, to cross-examine
witnesses on any matter relevant to the issues, even though such matter was not covered
on direct examination, and to impeach any witness, regardless of whether that person
first called the witness to testify. Any relevant evidence shall be admissible if
it is the sort of evidence upon which responsible persons are accustomed to rely in
the conduct of serious affairs, regardless of the existence of any common law or statutory
rule which would make improper the admission of such evidence in a civil action. Hearsay
evidence shall be admissible for any purpose, but shall not be sufficient itself to
support a finding, unless it would be admissible over objection in a civil action.
In reaching a decision, official notice may be taken, either before or after submission
of the case for decision, of any generally accepted technical or scientific matter
and of any fact which may be judicially noticed by the courts of this state. Persons
present at the hearing shall be informed of the matters to be officially noticed and
those matters shall be noted in the record. Any such person shall be given reasonable
opportunity on request to refute any officially noticed matters.
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