Section 446-08-450. Submission of documentary evidence in advance.  


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  • Where practicable, the hearing officer or board may require:
    (1) That all documentary evidence which is to be offered during the taking of evidence be submitted to the hearing officer or board and to the other parties to the proceeding sufficiently in advance of such taking of evidence to permit study and preparation of cross-examination and rebuttal evidence;
    (2) That documentary evidence not submitted in advance, as may be required by subsection (1) of this section, not be received in evidence in the absence of a clear showing that the offering party had good cause for the failure to produce the evidence sooner;
    (3) That the authenticity of all documents submitted in advance in a proceeding in which such submission is required, will be deemed admitted unless written objection thereto is filed prior to the hearing, except that a party will be permitted to challenge such authenticity at a later time upon a clear showing of good cause for failure to have filed such written objection;
    (4) When portions only of a document are to be relied upon, the offering party shall prepare the pertinent excerpts, adequately identified, and shall supply copies of such excerpts, together with a statement indicating the purpose for which such materials will be offered to the hearing officer or board and to the other parties. Only the excerpts, so prepared and submitted, shall be received in the record. However, the whole of the original document shall be made available for examination and for use by all parties to the proceeding.
    [Statutory Authority: RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-450, filed 1/7/14, effective 2/7/14; Order II, § 446-08-450, filed 11/22/74; Rule .08.450, filed 3/23/60.]
RCW 304-05-020 [34.05.020] and chapter 43.43 RCW. WSR 14-03-020, § 446-08-450, filed 1/7/14, effective 2/7/14; Order II, § 446-08-450, filed 11/22/74; Rule .08.450, filed 3/23/60.