Admissibility of Records and Documentary Evidence

5 USCS § 556 (d) provides that except as otherwise provided by statute, the proponent of a rule or order has the burden of proof.  Any oral or documentary evidence may be received, but the agency as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence.  A sanction may not be imposed or rule or order issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence.

5 USCS § 556 (d) further provides that a party is entitled to present his/her case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross- examination as may be required for a full and true disclosure of the facts.  An agency may adopt procedures for the submission of all or part of the evidence in written form in rule making or determining claims for money or benefits or applications for initial licenses, when a party will not be prejudiced thereby.

Pursuant to Model State Administrative Procedure Act (1981) § 4-212(e), documentary evidence may be received in the form of a copy or excerpt.  The Act further provides that parties must be given an opportunity to compare the copy with the original if available, upon request.  The Model State Administrative Procedure Act (1961) § 10(2) provides that documentary evidence may be received in the form of copies or excerpts only if the original is not readily available.


Inside Admissibility of Records and Documentary Evidence