Subpart B—administrative Law Judge Program
Rebuttal is the method of placing evidence into the document to problem proof that’s already there. In the absence of cross examination, rebuttal evidence ought to at all times be permitted. Rebuttal is appropriate, for example, where official discover has been taken and the place cross examination has been denied.
Denial of the proper to rebut could also be prejudicial error in these circumstances. It has no software to non-public action when the state isn’t concerned.
The exercise of discretion could have to be accompanied by an explanation to point out its reasonableness under the particular language of the authorizing statute. Without adequate clarification, the choice may be discovered to be an abuse of discretion, or irrational. Telephone hearings could also be utilized in quite a lot of situations the place they’re authorized. The phone hearing will take away the factor of visual demeanor credibility, … Read More