CASE PROCESSING PROCEDURES; EVIDENCE – Administrative and Judicial Notice

Single Topic for Decision 2622E

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Certain records may be subject to permissive notice under Evidence Code section 452, subdivision (c), unless sufficient notice of the request for administrative notice was provided to each adverse party and there is “sufficient information” for the ALJ or Board to determine whether administrative notice is proper. (p. 10.)
The Board lacked sufficient information, and thus was not required, to take notice of a federal agency report because the party requesting notice did not provide the Board or any other Board agent with a copy of the report. Moreover, the Board typically declines to take permissive notice of documents that are of no probative value to the issues before it. Without a copy of the report, the Board was not able to assess its probative value and declined to take permissive notice. (p. 10.)