WILLIAM DONALD SCHAEFER, Governor                           Ch. 59

[(c)] (D) The [agency] PRESIDING OFFICER may exclude evidence that is:

(1)     incompetent;

(2)     irrelevant;

(3)     immaterial; or

(4)     unduly repetitious.

[(d)](E) The [agency] PRESIDING OFFICER shall apply a privilege that law
recognizes.

[(e)] (F)     On a genuine issue in a contested case, each party is entitled to:

(1)     call witnesses;

(2)     offer evidence, including rebuttal evidence;

(3)     cross-examine any witness that another party or the agency calls; and

(4)     present summation and argument.

[(f)] (G) The [agency] PRESIDING OFFICER may receive documentary evidence:

(1)     in the form of copies or excerpts; or

(2)     by incorporation by reference.

[(g)] (H) (1) The agency OR THE OFFICE may take official notice of a fact that
is:

(i) judicially noticeable; or

(ii) general, technical, or scientific and within the specialized
knowledge of the agency.

(2) Before taking official notice of a fact, the [agency] PRESIDING
OFFICER:

(i) before or during the hearing, by reference in a preliminary report,
or otherwise, shall notify each party; and

(ii) shall give each party an opportunity to contest the fact.

[(h)](I) The agency OR THE OFFICE may use its experience, technical
competence, and specialized knowledge in the evaluation of evidence.

[10-209.] 10-214. CONSIDERATION OF OTHER EVIDENCE.

[In the determination of a contested case, the agency may consider only evidence
that is in the record.]

(A) FINDINGS OF FACT MUST BE BASED EXCLUSIVELY ON THE EVIDENCE OF
RECORD IN THE CONTESTED CASE PROCEEDING AND ON MATTERS OFFICIALLY
NOTICED IN THAT PROCEEDING.

- 1031 -