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; but, when necessary to ascertain facts not reasonably susceptible of proof
under those rules, evidence not admissible under those rules may be submitted (except
where precluded by statute) if it is of a type commonly relied upon by reasonably
prudent men and women 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; but 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.
Notes of Decisions
Foster-Glocester Reg'l Sch. Comm. v. Bd. of Review, 854 A.2d 1008 (R.I. 2004).
· cites it 6× “General Laws 1956 § 42-35-18(c)(1) exempts the board from § 42-35-10 of the Administrative Procedures Act, which governs the rules of evidence in other administrative proceedings.”
DePasquale v. Harrington, 599 A.2d 314 (R.I. 1991).
· cites it 8× “The rules of evidence as applied in civil cases *316 in the superior courts in this state shall be followed; but, when necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible under those rules may be submitted (except where…”
Arnold v. Lebel, 941 A.2d 813 (R.I. 2007).
· cites it 3× “The trial justice arrived at his interpretation by considering three provisions of the APA in pari materia: (1) the provision limiting ex parte communications, § 42-35-13; (2) the provision authorizing official notice of judicially cognizable facts, § 42-35-10; and (3) the…”
Env't Sci. Corp. v. Durfee, 621 A.2d 200 (R.I. 1993).
· cites it 2× “Section 42-35-10. The weight to be given to any evidence rests with the sound discretion of the hearing officer.”
Sterling Shoe Co. v. Norberg, 411 F. Supp. 128 (D.R.I. 1976).
· cites it 5× “Section 42-35-10 clearly permits a departure from the rules of evidence “when necessary to ascertain facts not reasonably susceptible of proof under those rules, [where] it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs.”
Champlin's Realty Assocs. v. Tikoian, 989 A.2d 427 (R.I. 2010).
· cites it 2× “Thus, under § 42-35-9(e) and § 42-35-10(4), if the decision maker "intends to consult any documentary source or person concerning facts or opinions about the merits of an appeal," he or she must notify the parties so that they may "contest any such evidence" and "cross-examine…”
Wood v. Ford, 525 A.2d 901 (R.I. 1987).
· cites it 4× “Section 42-35-10 provides in part as follows: “(a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.”
Rhode Island Consumers' Council v. Smith, 302 A.2d 757 (R.I. 1973).
· cites it 3× “In addition, notice may be taken of generally recognized technical or scientific facts within the agency’s specialized knowledge; but parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed,…”
Rule v. R. I. Dep't of Transp., 427 A.2d 1305 (R.I. 1981).
· cites it 4× “Indeed, in its brief, the registrar assumes that plaintiffs have all the rights accorded parties under § 42-35-9, which, like § 42-35-10, deals exclusively with contested cases.”
Turner v. Dep't of Emp. Sec., Bd. of Review, 479 A.2d 740 (R.I. 1984).
· cites it 2× “Section 42-35-10(a) specifies that “the rules of evidence as applied in civil cases in the superior courts of this state shall be followed * * *.”
Sartor v. Coastal Resources Mgmt. Council, 542 A.2d 1077 (R.I. 1988).
“he council shall consider the following matters in making its designation: (1) Land evidence records; (2) The exercise of domain over the parcel such as maintenance, construction or upkeep; (3) The payment of taxes; (4) The creation of a dedication; (5) Public use; (6) Any other…”
Pine v. Clark, 636 A.2d 1319 (R.I. 1994).
“Specifically, § 42-35-9 prescribes procedures required with regard to notice, a hearing, and records in contested cases; §§ 42-35-10 to 42-35-13 address other matters pertinent to contested cases, including the applicability of the rules of evidence, the examination of evidence…”
— R.I. Gen. Laws § 42-35-10(4) — 2 cases
Arnold v. Lebel, 941 A.2d 813 (R.I. 2007).
“The trial justice arrived at his interpretation by considering three provisions of the APA in pari materia: (1) the provision limiting ex parte communications, § 42-35-13; (2) the provision authorizing official notice of judicially cognizable facts, § 42-35-10; and (3) the…”
Champlin's Realty Assocs. v. Tikoian, 989 A.2d 427 (R.I. 2010).
“Thus, under § 42-35-9(e) and § 42-35-10(4), if the decision maker "intends to consult any documentary source or person concerning facts or opinions about the merits of an appeal," he or she must notify the parties so that they may "contest any such evidence" and "cross-examine…”
— R.I. Gen. Laws § 42-35-10(a) — 8 cases
Foster-Glocester Reg'l Sch. Comm. v. Bd. of Review, 854 A.2d 1008 (R.I. 2004).
“General Laws 1956 § 42-35-18(c)(1) exempts the board from § 42-35-10 of the Administrative Procedures Act, which governs the rules of evidence in other administrative proceedings.”
DePasquale v. Harrington, 599 A.2d 314 (R.I. 1991).
“The rules of evidence as applied in civil cases *316 in the superior courts in this state shall be followed; but, when necessary to ascertain facts not reasonably susceptible of proof under those rules, evidence not admissible under those rules may be submitted (except where…”
Turner v. Dep't of Emp. Sec., Bd. of Review, 479 A.2d 740 (R.I. 1984).
“Section 42-35-10(a) specifies that “the rules of evidence as applied in civil cases in the superior courts of this state shall be followed * * *.”
Rule v. R. I. Dep't of Transp., 427 A.2d 1305 (R.I. 1981).
“Indeed, in its brief, the registrar assumes that plaintiffs have all the rights accorded parties under § 42-35-9, which, like § 42-35-10, deals exclusively with contested cases.”
Wood v. Ford, 525 A.2d 901 (R.I. 1987).
“Section 42-35-10 provides in part as follows: “(a) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded.”
— R.I. Gen. Laws § 42-35-10(c) — 1 case
— R.I. Gen. Laws § 42-35-10(d) — 2 cases
Rhode Island Consumers' Council v. Smith, 302 A.2d 757 (R.I. 1973).
“In addition, notice may be taken of generally recognized technical or scientific facts within the agency’s specialized knowledge; but parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed,…”
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