The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
002
:
CONTESTED CASES
(Cite as: 3 V.S.A. § 810)
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§ 810. Rules of Evidence; official notice
In contested cases:
(1) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The Rules
of Evidence as applied in civil cases in the Superior Courts of this State shall be
followed. When necessary to ascertain facts not reasonably susceptible of proof under
those rules, evidence not admissible thereunder may be admitted (except where precluded
by statute) if it is of a type commonly relied upon by reasonably prudent persons
in the conduct of their affairs. Agencies shall give effect to the rules of privilege
recognized by law. Objections to evidentiary offers may be made and shall be noted
in the record. Subject to these requirements, when a hearing will be expedited and
the interests of the parties will not be prejudiced substantially, any part of the
evidence may be received in written form.
(2) Documentary evidence may be received in the form of copies or excerpts, if the original
is not readily available. Upon request, parties shall be given an opportunity to compare
the copy with the original.
(3) A party may conduct cross-examinations required for a full and true disclosure of
the facts.
(4) Notice may be taken of judicially cognizable facts. In addition, notice may be taken
of generally recognized technical or scientific facts within the agency’s specialized
knowledge. Parties shall be notified either before or during the hearing, or by reference
in preliminary reports or otherwise, of the material noticed, including any staff
memoranda or data, and they shall be afforded an opportunity to contest the material
so noticed. The agency’s experience, technical competence, and specialized knowledge
may be utilized in the evaluation of the evidence. (Added 1967, No. 360 (Adj. Sess.), § 10, eff. July 1, 1969; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2023, No. 33, § 10, eff. July 1, 2023.)