Section 388-02-0400. What evidence may the parties present during the hearing?

The parties may bring any documents and witnesses to the hearing to support their position. However, the following provisions apply:

(1) The other parties may object to the evidence and question the witnesses;

(2) The ALJ determines whether the evidence is admitted and what weight (importance) to give it;

(3) If the ALJ does not admit the evidence the parties may make an offer of proof to show why the ALJ should admit it;

(4) To make an offer of proof a party presents evidence and argument on the record to show why the ALJ should consider the evidence; and

(5) The offer of proof preserves the argument for appeal.

[Statutory Authority: RCW 34.05.020. WSR 00-18-059, § 388-02-0400, filed 9/1/00, effective 10/2/00.]

RCW 34.05.020. WSR 00-18-059, § 388-02-0400, filed 9/1/00, effective 10/2/00.