NATIONAL ASSOCIATION OF ADMINISTRATIVE LAW JUDICIARY

I. Evidence Framework

What counts as evidence

• Verbal evidence → witness testimony; must be relevant and reliable.

• Tangible evidence → documents, photos, physical items; must also be authenticated.

• Legal principles → judicial notice, presumptions.

Key admissibility principles

• Relevance: Does it help prove a fact of consequence?

• Competence: Does it violate privileges or other policies?

• Authentication: Is it what the proponent claims?

️ II. Tools for Ruling on Evidence

• Judicial control: Manage order, efficiency, and witness treatment.

• Purpose & construction: Apply rules to promote truth and fairness.

• Preliminary questions: Judges may consider otherwise inadmissible evidence to decide foundational issues.

• Managing objections: Require clear, concise legal grounds; rule promptly and clearly.

• Judicial notice, limited admissibility, witness exclusion: Use strategically to streamline proceedings.

III. Relevance, Probative Value & Prejudice

• Evidence must make a fact more or less probable.

• Some relevant evidence is excluded for policy reasons (e.g., insurance, settlement offers).

• Judges may balance probative value vs. unfair prejudice, though this is less common in administrative settings.

️ IV. Hearsay in Administrative Proceedings

Definition

Out‑of‑court statements offered for their truth.

Why hearsay is restricted

Concerns about:

• Oath

• Presence

• Cross‑examination

• Perception, memory, sincerity, language

Exclusions & exceptions

• Prior statements, opposing‑party statements

• Dozens of exceptions (excited utterances, business records, medical statements, etc.)

Administrative flexibility

• Reliable hearsay is often admissible.

• But decisions must rest on substantial, probative, reliable evidence.

• Judges should consider availability, bias, competence, and trustworthiness.

V. Building a Record That Survives Review

• Only evidence in the record may be relied upon.

• Findings must be supported by substantial evidence.

• Judges must distinguish between admitting questionable evidence and relying on it.

• Stipulations and judicially noticed facts must be clearly stated.

• Written decisions should avoid vague language and connect facts to conclusions.

VI. Judicial Review

Courts review agency decisions for:

• Constitutional violations

• Exceeding statutory authority

• Procedural errors

• Abuse of discretion

• Lack of substantial evidence

• Arbitrary or capricious reasoning

Deference to agencies still exists but has evolved, especially after recent Supreme Court decisions.