# § 28-8 Administrative review – Evidence.

Current through 2026-07-17. Source: City of Balt., Md., Ord. 26-129. Published by the Baltimore City Department of Legislative Reference.

## § 28-8 Administrative review – Evidence.

Balt., Md., Code art. 7, § 28-8 (2026)

(a) Except as otherwise provided by this section or by rule or regulation of the Department, formal rules of evidence and trial procedures do not apply.

(b) On a genuine issue of fact, a party is entitled to:

  (1) call witnesses;

  (2) offer evidence, including rebuttal evidence;

  (3) cross-examine any witness that another party or the Department calls; and

  (4) present summation and argument.

(c) The Director or hearing officer:

  (1) may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence;

  (2) may not exclude evidence solely on the basis that it is hearsay;

  (3) must give effect to a privilege recognized by law;

  (4) may receive documentary evidence in the form of copies or excerpts or through incorporation by reference;

  (5) may take official notice of a fact that is judicially noticeable or that is general, technical, or scientific and within the specialized knowledge of the Department; and

  (6) may exclude evidence that is:

    (i) incompetent;

    (ii) irrelevant;

    (iii) immaterial; or

    (iv) unduly repetitious.

*History: Ord. 02-367*