Reference no: EM133813698

Question

"The seventeen different agency rules of evidence for information presented in adjudicatory hearings are controlled by specific legislation and regulations. These rules at least ensure that only types of evidence that are relevant, reliable, and fair are considered in decision-making. Although APA agencies are not strictly bound by the Federal Rules of Evidence, they are nevertheless obligated to observe general principles of fairness and relevance under 5 U.S.C. § 556. Although that makes hearsay evidence admissible at least in some administrative hearings, it still needs to be afforded appropriate weight for its reliability. The particular agencies also have their own detailed rules of evidence. For example, the SEC's Rules of Practice under 17 C.F.R. § 201.320 require that evidence be relevant and material, not unduly repetitious, and allow the exclusion of unduly prejudicial, confusing, or misleading evidence. Absent explicit statutory or regulatory guidance on evidence, agencies generally rely on principles gleaned from case law and established administrative practice for determining admissible evidence. This approach ensures that only fair and sufficient evidence is admitted at the adjudicatory hearing to support the making of informed decisions."