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Law

The Rules of Evidence Regarding Hearsay in Administrative Hearings

Quick fact

Under the federal Administrative Procedure Act, hearsay is admissible in administrative hearings if it is relevant, material, and reliable—even if it would be excluded in a court of law. Yet, an agency's decision must still be supported by 'substantial evidence' when reviewed.

Why this is interesting

Imagine a trial where a witness's story is told by someone who only heard it from someone else. In court, that's usually banned—but in administrative hearings, it might be perfectly acceptable. Why the difference?