§ 131.33. Evidence.
(a) Parties shall have the right of presentation of evidence, cross-examination, objection, motion and argument. The Secretary will not be bound by technical rules of evidence but relevant and material evidence of reasonable probative value shall be admissible. The Secretary 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) Written testimony, on numbered lines in either narrative or question and answer form, of a witness may be admitted into evidence provided the witness is present and sworn or affirmed and provided a copy of the testimony was served upon and actually received by all other parties at least 3 days prior to the hearing.
(c) Applications, permits, licenses, registrations, orders and formal notices relating to the proceeding may be considered by the Secretary in adjudicating the case even though they have not been made a part of the record or referred to therein. The Secretary may also take official notice of an official or public document not relating to the proceeding and of any matter subject to judicial notice.
(d) In case a matter contained in a report or other document on file with the Department is offered in evidence, the report or document need not be produced or marked for identification but may be offered in evidence by specifying the report, document or other file containing the matter so offered.
(e) Subsections (a)—(d) supersede 1 Pa. Code § § 35.126, 35.161, 35.162, 35.164, 35.166 and 35.173, and other applicable sections of the general rules including sections thereof concerning the same, similar or related subject matter as subsections (a)—(d).
Source The provisions of this § 131.33 adopted February 25, 1972, effective February 26, 1972, 2 Pa.B. 664.
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