Under the Administrative Procedure Act APA , contested cases are not governed by the strict rules of evidence that apply to the trial of cases in Minnesota courts.
Administrative Law: Law, Fact and Evidence (Lecture)
The rules of the OAH provide that all parties to a contested case have the right to present evidence, including rebuttal evidence. State, N. In re Wang, N.
However, some courts hold that hearsay should not be admitted in administrative cases, over objection, where direct evidence is available. Town of Brooklyn, 18 Wis.
In addition, the APA expressly recognizes the right to submit rebuttal evidence. See generally Minn.
However, Minn. As a practical matter, however, the determination of whether evidence is, for example, unduly repetitive remains in the sound discretion of the ALJ.