§ 35.167. Records in other proceedings.
When any portion of the record in any other proceeding before the agency is offered in evidence and shown to be relevant and material to the instant proceeding, a true copy of such record shall be presented in the form of an exhibit, together with additional copies as provided in § 35.169 (relating to copies to parties and agency), unless:
(1) The participant offering such record agrees to supply, within a period of time specified by the agency head or the presiding officer, such copies at his own expense, if and when so required.
(2) The portion is specified with particularity in such manner as to be readily identified, and upon motion is admitted in evidence by reference to the records of the other proceedings.
Cross References This section cited in 4 Pa. Code § 89.29 (relating to evidence); 4 Pa. Code § 265.3 (relating to level II hearings); 10 Pa. Code § 3.11 (relating to hearing rules); 12 Pa. Code § 81.209 (relating to rules of evidence not to apply); 34 Pa. Code § 131.53 (relating to procedures subsequent to the first hearing); 34 Pa. Code § 131.53a (relating to consolidated hearing procedure); 34 Pa. Code § 131.203 (relating to hearing procedures); 37 Pa. Code § 21.55 (relating to evidence); 40 Pa. Code § 15.51 (relating to evidence); 49 Pa. Code § 31.103 (relating to applicability of other laws and rules); 49 Pa. Code § 31.115 (relating to disciplinary sanctions); 52 Pa. Code § 5.407 (relating to records of other proceedings); 52 Pa. Code § 1005.147 (relating to records of other proceedings); and 61 Pa. Code § 702.6 (relating to formal rules of evidence).
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