12/6/18
Evidence and Exhibits
§ Ensure that whoever conducts the investigation preserves the evidence to prove the allegations of non-compliance, such evidence should be presented at the hearing and admitted into the record if found to be relevant. § All evidence having a reasonable probative value should be allowed and admitted into the administrative record. § Every party should be allowed the opportunity to review the evidence and rebut or offer countervailing evidence. § Copies of documents should be allowed into evidence if the original is not available, however, parties should be given an opportunity to compare copies to the original whenever possible. § It is important that the evidence admitted into the record is reliable, especially if the evidence is copied from an original document or log, it is important that it is an exact copy and that all parties testify to its authenticity.
Witnesses
§ Individuals with knowledge of the allegations outlined in the Notice should be included as witnesses at the hearing. § Witnesses would include any TGRA investigators, the subject of the administrative action, any person with specific knowledge regarding the subject and/or the allegations. § The subject of the administrative action should be allowed witnesses that can testify on their behalf regarding the allegation, their character, habits, or any other information relevant to the proceeding. § It is important that each witness swears an oath to provide honest and truthful testimony. § It is important that witnesses on behalf of the TGRA are credible, they should be professional and knowledgeable about the testimony they are providing.
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