49-6-3203 - Evidence. - Tennessee Statutes

49-6-3203. Evidence.

(a)  (1)  In conducting hearings provided in part 31 of this chapter and this part, the board shall not be bound by the rules of evidence applicable in a court, but it may admit and give probative effect to any evidence that possesses such probative value as would entitle it to be accepted by reasonable prudent persons in the conduct of their affairs; provided, that the board shall give effect to the rules of privilege recognized by law and may exclude incompetent, irrelevant, immaterial or unduly repetitious evidence.

     (2)  All evidence, including records and documents in the possession of the board of which it desires to avail itself, shall be offered and made a part of the record in the cause.

     (3)  No factual information or evidence other than that contained in the record shall be considered in the determination of the cause.

     (4)  Documentary evidence may be received in the form of copies or excerpts or by incorporation by reference.

     (5)  Each party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence.

     (6)  The board may take notice of judicially cognizable facts.

     (7)  In addition to the oral testimony of witnesses appearing at the hearing, the testimony of witnesses may be taken by deposition or upon interrogatories.

(b)  (1)  In conducting hearings under part 31 of this chapter and this part, the board shall have the power to administer oaths and affirmations and the power to issue subpoenas in the name of the state to compel the attendance of witnesses and the production of documentary evidence.

     (2)  The subpoenas shall be served by the sheriff or any deputy of the county to which the subpoena is directed, and the sheriff or deputy shall be entitled to the same fees for serving such the subpoenas as in the case of the service of subpoenas from a court of record of the state.

     (3)  In the event any person fails or refuses to obey a subpoena issued under this subsection (b), any court of record of this state within the jurisdiction of which the hearing is held or within the jurisdiction of which the person is found or resides, upon application by the board or its representatives, shall have the jurisdiction to attach the body of such person and compel the person to appear before the board and to give testimony or produce evidence as ordered. Any failure to obey such an order of the court may be punished by the court issuing the order as a contempt of the order.

(c)  Witnesses shall be entitled to the same fees as provided by law for witnesses in courts of record, which fees shall be paid as a part of the costs of the proceeding.

(d)  (1)  In conducting hearings under part 31 of this chapter and this part, the board may employ counsel as provided in § 49-6-3206 to appear at and participate in the hearings on behalf of the board.

     (2)  The board or its counsel may introduce evidence in support of the actions of the board.

     (3)  Members of the board may cross-examine any witness testifying at the hearings.

(e)  The burden of proof in all proceedings under part 31 of this chapter and this part shall be upon the person challenging the action of the board.

[Acts 1957, ch. 13, §§ 10-13; T.C.A., §§ 49-1750 49-1753.]