(1) No evidence concerning any matter which was the subject of a department information request which was not fully answered by either party during the investigation of the complaint shall be admitted in any contested hearing on a complaint in support of any position taken or defense made by that party. No document or other tangible evidence requested in connection with any interrogatory or motion for disclosure and production by the department which was not produced or which party denied existed or failed to disclose in response to the department's inquiry shall be admitted into evidence at any contested hearing on a complaint in support of any position taken or defense made by that party, nor shall evidence concerning the document or tangible evidence be admitted in support of the party's case.

(2) No testimony shall be permitted in support of any position taken or defense made by either party concerning the contents of any document or any other tangible evidence which was in the possession or control of a party and which, subsequent to the time that the party received notice of the filing of the complaint, was lost or destroyed or which was in the possession of any person and which was discarded or destroyed at the order or request of the party. The commission or hearing examiner may in the interests of justice waive this rule upon receiving the sworn testimony or affidavit of the respondent, the person who had custody of the document or other tangible evidence and the person responsible for its destruction, discarding or loss, concerning the circumstances of the loss or destruction.