[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR68.9]



[Page 362]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 68_ADMINISTRATIVE HEARING PROCEDURES--Table of Contents

 

Sec. 68.9  Admissible evidence.



    (a) Legal rules of evidence shall not be in effect at adminstrative 

hearings. However, only evidence relevant to issues within the scope of 

review under Sec. 68.8 shall be admissible.

    (b) Documentary and oral evidence shall be admissible.

    (c) Admissibility of non-expert testimony shall be within the 

discretion of the board.

    (d) All testimony shall be under oath.

    (e) Res judicata/ collateral estoppel. Where there has been a 

previous determination, decision or finding of fact by the Director, one 

of his delegees, an administrative law judge, hearing officer, or 

hearing board regarding the base flood elevations of any other 

community, such determination, decision, or finding of fact shall not be 

binding on the board and may only be admissible into evidence if 

relevant.