WAC 388-526-0475 What evidence does an administrative law judge consider? (Emergency rule effective 6/10/12.)

1.  The administrative law judge (ALJ) may only consider admitted evidence to decide the case.

2.  Admission of evidence is based upon the reasonable person standard. This standard means evidence that a reasonable person would rely on in making a decision.

3.  The ALJ may admit and consider hearsay evidence. Hearsay is a statement made outside of the hearing used to prove the truth of what is in the statement. The ALJ may only base a finding on hearsay evidence if the ALJ finds that the parties had the opportunity to question or contradict it.

4.  The ALJ may reject evidence, if it:

a.  Is not relevant;

b.  Repeats evidence already admitted; or

c.  Is from a privileged communication protected by law.

5.  The ALJ must reject evidence if required by law.

6.  The ALJ decides:

a.  What evidence is more credible if evidence conflicts; and

b.  The weight given to the evidence.