44 CFR § 68.9 - Admissible evidence.
---
identifier: "/us/cfr/t44/s68.9"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "44 CFR § 68.9 - Admissible evidence."
title_number: 44
title_name: "Emergency Management and Assistance"
section_number: "68.9"
section_name: "Admissible evidence."
chapter_name: "FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "B"
subchapter_name: "INSURANCE AND HAZARD MITIGATION"
part_number: "68"
part_name: "ADMINISTRATIVE HEARING PROCEDURES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 4001 Reorganization Plan No. 3 of 1978; E.O. 12127."
regulatory_source: "47 FR 23449, May 28, 1982, unless otherwise noted."
cfr_part: "68"
---
# 68.9 Admissible evidence.
(a) Legal rules of evidence shall not be in effect at administrative hearings. However, *only* evidence relevant to issues within the scope of review under § 68.8 shall be admissible.
(b) Documentary and oral evidence shall be admissible.
(c) Admissibility of non-expert testimony shall be within the discretion of the board.
(d) All testimony shall be under oath.
(e) *Res judicata/*collateral estoppel. Where there has been a previous determination, decision or finding of fact by the Director, one of his delegees, an administrative law judge, hearing officer, or hearing board regarding the base flood elevations of any other community, such determination, decision, or finding of fact shall not be binding on the board and may only be admissible into evidence if relevant.