Neither All Nor Nothing? Navigating The Complexity Of Witness Credibility

Credibility lies at the heart of any regulatory hearing where the facts are disputed and cannot be deduced through independent verifiable means. Credibility assessments are required to choose between competing evidence or to scrutinize a single witness' account. Given that credibility will often determine the result in contested hearings, it is critical for administrative decisions-makers to master not only how to assess credibility but also how to explain those assessments in reasons for decision.

Conceptually, credibility covers both honesty and accuracy: a witness may lack credibility either because they are dishonest or because they are mistaken in what they recall. Reliability, though similar, is distinct from credibility. While credibility assesses a witness's willingness to tell the truth, reliability focuses on their ability to perceive, remember, and recount events¹. Credibility findings are ordinarily afforded considerable deference on appeal, given that