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WAC 388-02-0475

What evidence does an ALJ consider?

(1) The 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.
[Statutory Authority: RCW 34.05.020. WSR 00-18-059, ยง 388-02-0475, filed 9/1/00, effective 10/2/00.]
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