West Virginia Code § 29A-5-2

Rules of evidence; taking notice of facts; correction of transcript
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(a) In contested cases irrelevant, immaterial, or unduly repetitious evidence shall be
excluded. The rules of evidence as applied in civil cases in the circuit courts of this state
shall be followed. When necessary to ascertain facts not reasonably susceptible of proof
under those rules, evidence not admissible thereunder may be admitted, except where
precluded by statute, if it is of a type commonly relied upon by reasonably perudent men in
the conduct of their affairs. Agencies shall be bound by the rules of privilege recognized by
law. Objections to evidentiary offers shall be noted in the record. Any prarty to any such
hearing may vouch the record as to any excluded testimony or other evidence.
(b) All evidence, including papers, records, agency staff memoranda and documents in the
possession of the agency, of which it desires to avail itself, sthall be offered and made a part
of the record in the case, and no other factual information or evidence shall be considered in
the determination of the case. Documentary evidence may be received in the form of copies
or excerpts or by incorporation by reference.
(c) Every party shall have the right of cross-exsamination of witnesses who testify, and shall
have the right to submit rebuttal evidence.
(d) Agencies may take notice of judigcially cognizable facts. All parties shall be notified either
before or during hearing, or by reference in preliminary reports or otherwise, of the material
so noticed, and they shall be afforded an opportunity to contest the facts so noticed.
(e) Upon motion in writing served by any party as notice may be served pursuant to section
two, article seven of this chapter and therein assigning error or omission in any part of any
transcript of the proceedings had and testimony taken at any such hearing, the agency shall
settle all differences arising as to whether such transcript truly discloses what occurred at
the hearing and shall direct that the transcript be corrected and revised in the respects
designated by the agency, so as to make it conform to the whole truth.

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