(1) The evidence received and considered in CSSD contested cases shall conform to the common law, the statutory rules of evidence and the provisions of 2-4-612 , MCA.

(2) A presiding ALJ may receive any evidence offered by a party without ruling on its admissibility at the time it is offered. After the matter is submitted for decision, the ALJ will then consider and determine the admissibility and sufficiency of the evidence, giving due regard to its materiality, relevance, and trustworthiness. Evidence may be excluded even though no objection was raised at hearing. If the ALJ takes evidence under advisement and rules on its admissibility later, a party may object to the inclusion or exclusion of evidence under this rule by filing a motion to review the proposed order as provided for in ARM 37.62.951.

(3) This rule shall not be construed to prevent the ALJ from limiting cumulative, irrelevant or other inadmissible testimony or evidence during the hearing.