What is the determining factor for whether hearsay evidence can be used in administrative hearings?

In administrative hearings, the admissibility of hearsay evidence is primarily governed by the general rules of evidence, which can vary depending on jurisdiction. While some agencies may have specific regulations that address hearsay, the overarching framework is usually based on standard evidentiary principles that dictate how hearsay is treated.

Administrative agencies often have the authority to establish their own evidentiary standards and may choose to allow hearsay in a more lenient manner compared to traditional court proceedings. Therefore, if the administrative hearing adheres to the general rules of evidence, hearsay may be permissible if it is deemed reliable or relevant, or if there are other compelling reasons to admit it. The focus on general rules of evidence acknowledges that administrative procedures can differ significantly from judicial processes, yet they still rely on established legal standards to guide admissibility.

The other factors, such as a judge's discretion, specific agency regulations or the nature of the case, may influence decisions about hearsay on a case-by-case basis, but they do not establish the foundational principle governing the use of hearsay in administrative hearings as extensively as the general rules of evidence do.