Section 560IAC2-3-18. Rules of evidence controlling hearings

   The hearing examiner shall regulate the course of the proceedings in conformity with any pre-hearing order and in an informal manner without recourse to the technical, common law rules of evidence applicable to civil actions in the courts.

  Upon proper objection the hearing examiner shall exclude evidence that is irrelevant, immaterial, unduly repetitious, or excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts. In the absence of proper objection the hearing examiner may exclude objectionable hearsay evidence. If not objected to, the hearsay evidence may form the basis for a hearing examiner's report. However, if the evidence is properly objected to and does not fall within a recognized exception to the hearsay rule, the resulting hearing examiner's report may not be based solely upon the hearsay evidence. (Indiana Education Employment Relations Board; 560 IAC 2-3-18; filed Oct 6, 1988, 11:15 a.m.: 12 IR 312; readopted filed Sep 12, 2001, 10:55 a.m.: 25 IR 529; readopted filed Nov 30, 2007, 11:19 a.m.: 20071226-IR-560070368RFA; readopted filed Sep 10, 2013, 10:25 a.m.: 20131009-IR-560130214RFA)