Section 8100.2132  Examination of Witnesses

a)         A party shall conduct examinations or cross-examinations without rigid adherence to formal rules of evidence, provided the examination or cross-examination does not descend to sheer abuse or harassment of a witness and the examination or cross-examination can be shown to be necessary to a full and fair disclosure of facts bearing upon matters in issue.

b)         If the hearing officer determines that a witness is hostile or unresponsive, the hearing officer shall authorize the examination by the party calling him or her as if under cross-examination.

c)         The Department may call any adverse party as a witness without vouching for his or her credibility and proceed to examine such adverse party as if under cross-examination.  Any party calling a witness, upon a showing that he or she called the witness in good faith and is surprised by his or her testimony, may impeach that witness by evidence of prior inconsistent statements.

d)         Oral evidence shall be taken only on oath or affirmation.