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witness; specifies the exact things sought to be produced and the materiality thereof <br /> in detail to the issues involved; and states that the witness has the desired things in <br /> possession or under control. A subpoena need not be issued when the affidavit is <br /> defective in any particular. <br /> B. Cases Referred to Examiner. In cases where a hearing is referred to an examiner, <br /> all subpoenas shall be obtained through the examiner. <br /> C. Penalties. Any person who refuses without lawful excuse to attend any hearing or to <br /> produce material evidence which the person possesses or controls as required by <br /> any subpoena served upon such person as provided for herein shall be guilty of a <br /> misdemeanor. <br /> Section 6.04 Conduct of Hearing <br /> A. Rules. Hearings need not be conducted according to the technical rules relating to <br /> evidence and witnesses. <br /> B. Oral Evidence. Oral evidence shall be taken only on oath or affirmation. <br /> C. Hearsay Evidence. Hearsay evidence may be used for the purpose of <br /> supplementing or explaining any direct evidence, but shall not be sufficient in itself to <br /> support a finding unless it would be admissible over objection in civil actions in <br /> courts of competent jurisdiction in this state. <br /> D. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of <br /> evidence on which responsible persons are accustomed to rely in the conduct of <br /> serious affairs, regardless of the existence of any common law or statutory rule <br /> which might make improper the admission of such evidence over objection in civil <br /> actions in courts of competent jurisdiction in this state. <br /> E. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded. <br /> F. Rights of Parties. Each party shall have these rights, among others: <br /> 1. To call and examine witnesses on any matter relevant to the issues of the <br /> hearing; <br /> 2. To introduce documentary and physical evidence; <br /> 3. To cross - examine opposing witnesses on any matter relevant to the issues of the <br /> hearing; first called the witness to <br /> 4. To impeach any witness regardless of which party <br /> testify; <br /> 5. To rebut the evidence; <br /> 6. To be represented by anyone who is lawfully permitted to do so. <br /> G. Official Notice. <br /> 1. What may be noticed. In reaching a decision, official notice may be taken, either <br /> before or after submission of the case for decision, of any fact which may be <br /> judicially noticed by the courts of this state or of official records of the board or <br /> departments and ordinances of the county or rules and regulations of the board. <br /> 2. Parties to be Notified. Parties present at <br /> matters to be noticed, and these matters shall be be noted in shall <br /> he ecord,re erred to <br /> therein, or appended thereto. <br /> 3. Opportunity to Refute. Parties present at the hearing shall be given a reasonable <br /> opportunity, on request, to refute the officially noticed matters by evidence or by <br /> 84 <br />