Section 140.16. Admissibility of evidence; administrative notice.

 

(1)  Statutory and common law rules of evidence and rules of procedure applicable to courts of record are not controlling with respect to hearings. The administrative law judge shall secure the facts in as direct and simple a manner as possible. Evidence having reasonable probative value is admissible, but irrelevant, immaterial and repetitious evidence is not admissible. Hearsay evidence is admissible if it has reasonable probative value but no issue may be decided solely on hearsay evidence unless the hearsay evidence is admissible under ch. 908 , Stats.

(2)  The administrative law judge may take administrative notice of any department records, generally recognized fact or established technical or scientific fact having reasonable probative value but the parties shall be given an opportunity to object and to present evidence to the contrary before the administrative law judge issues a decision.

Cr. Register, November, 1985, No. 359 , eff. 12-1-85 ; renum. from ILHR 140.12 and am., Register, June, 1997, No. 498 , eff. 7-1-97.