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Minnesota Legislature

Office of the Revisor of Statutes

    Subdivision 1. Admissibility. In contested cases agencies may admit and give probative
effect to evidence which possesses probative value commonly accepted by reasonable prudent
persons in the conduct of their affairs. They shall give effect to the rules of privilege recognized
by law. They may exclude incompetent, irrelevant, immaterial and repetitious evidence.
    Subd. 2. Made part of record. All evidence, including records and documents containing
information classified by law as not public, in the possession of the agency of which it desires
to avail itself or which is offered into evidence by a party to a contested case proceeding, shall
be made a part of the hearing record of the case. No factual information or evidence shall be
considered in the determination of the case unless it is part of the record. Documentary evidence
may be received in the form of copies or excerpts, or by incorporation by reference. When the
hearing record contains information which is not public, the administrative law judge or the
agency may conduct a closed hearing to discuss the information, issue necessary protective
orders, and seal all or part of the hearing record.
    Subd. 3. Cross-examination of witnesses. Every party or agency shall have the right of
cross-examination of witnesses who testify, and shall have the right to submit rebuttal evidence.
    Subd. 4. Official notice. Agencies may take notice of judicially cognizable facts and
in addition may take notice of general, technical, or scientific facts within their specialized
knowledge. Parties shall be notified in writing either before or during hearing, or by reference in
preliminary reports or otherwise, or by oral statement in the record, of the material so noticed, and
they shall be afforded an opportunity to contest the facts so noticed. Agencies may utilize their
experience, technical competence, and specialized knowledge in the evaluation of the evidence
in the hearing record.
History: 1957 c 806 s 9; 1980 c 615 s 15-17; 1982 c 424 s 130; 1984 c 640 s 32