ORLANDO RAY DIAL, COMMISSIONER; CRISTEN HARMS, and MIKE DE VOLDER, Complainants,

and

IOWA CIVIL RIGHTS COMMISSION,

VS.


FRIEDMAN MOTORCARS, LTD., MIKE FRIEDMAN, TIM MANNING, GARY FRIEDMAN, SCOTT HENRY, PAT SULLIVAN and CHERYL RUBLE, Respondents.

RULING ON OBJECTIONS

1. Further testimony on rebuttal was offered by the Commission by Mike DeVolder and Catherine Koch. Some of this testimony was objected to as being cumulative by the Respondents. (Tr. at 833, 841). The testimony was taken subject to the objection with the understanding that the objection would be ruled on in this decision. Unduly repetitious evidence should be excluded from the record of administrative hearings. Iowa Code § 17A.14. In this case, although there was some repetition, the material sought to be excluded was brief and not unduly repetitious. The objection is overruled.

2. Complainant's Exhibits 5 and 6, tape recordings of an investigative interview with Jeffrey Rich, were also objected to as being cumulative and taken subject to the objection. (Tr. at 431). The exhibits were offered only for the purpose of impeaching the testimony of Mr. Rich. (Tr. at 421-22). These are not unduly repetitious and are admitted for the limited purpose for which they were offered. It should be noted however, they are given little weight because approximately the last one-half of side one of Exhibit 5 is blank.