[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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

[CITE: 34CFR81.15]



[Page 233]

 

                           TITLE 34--EDUCATION

 

PART 81_GENERAL EDUCATION PROVISIONS ACT_ENFORCEMENT--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  81.15  Evidence.



    (a) The Federal Rules of Evidence do not apply to proceedings under 

this part. However, the ALJ accepts only evidence that is--

    (1) Relevant;

    (2) Material;

    (3) Not unduly repetitious; and

    (4) Not inadmissible under Sec.  81.13 or Sec.  81.14.

    (b) The ALJ may take official notice of facts that are generally 

known or capable of accurate and ready determination by resort to 

sources whose accuracy cannot reasonably be questioned.



(Authority: 5 U.S.C. 556 (d) and (e); 20 U.S.C. 1221e-3, 1234(f)(1), and 

3474(a))