(1) The evidence received and considered in contested case hearings shall conform to the Montana Rules of Evidence and the provisions of 2-4-612 , MCA, except as modified for informal proceedings under 2-4-603 and 2-4-604 , MCA.

(2) In evaluating evidence in the record the hearing examiner or the commission may use experience, technical competence and specialized knowledge as permitted by law.

(3) The hearing examiner or the commission may take notice of judicially or officially cognizable facts and of generally recognized technical or scientific facts within the department's or commission's specialized knowledge. Such facts or knowledge may be obtained from treatises of learned scholars and public documents to the extent allowed by the Rules of Evidence. The department or commission shall notify parties of materials noticed and give them an opportunity to contest or comment upon them.

(4) Parties have the right to conduct cross-examination for a full and true disclosure of facts, and other examination by way of examination beyond the scope of direct, cross or redirect examination shall be within the sound discretion of the hearing examiner or the commission.