any motion that does not include the signed statement or that was submitted by an individual who did not produce or create the visual depiction at issue. If the motion is granted, the interested owner may also claim that the notification and petition were filed with an intent to harass the interested owner. Any party may refute the claims and factual assertions made by the interested owner. (14) Evidence The Board may consider the following types of evidence in a proceeding, and such evidence may be admitted without application of formal rules of evidence: (A) Documentary and other nontestimonial evidence that is relevant to the petitions or responses in the proceeding. (B) Testimonial evidence, submitted under penalty of perjury in written form or in accordance with paragraph (15), limited to statements of the parties and nonexpert witnesses, that is relevant to the petitions or responses in a proceeding, except that, in exceptional cases, expert witness testimony or other types of testimony may be permitted by the Board for good cause shown. (15) Hearings Unless waived by all parties, the Board shall conduct a hearing to receive oral presentations on issues of fact or law from parties and witnesses to a proceeding, including oral testimony, subject to the following: (A) Any such hearing shall be attended by not fewer than two of the Officers of the Board. (B) The hearing shall be noted upon the record of the proceeding and, subject to subparagraph (C), may be recorded or transcribed as deemed necessary by the Board. (C) A recording or transcript of the hearing shall be made available to any Officer of the Board who is not in attendance. (16) Voluntary dismissal (A) By petitioning party Upon the written request of a petitioning party, the Board shall dismiss the petition, with or without prejudice. (B) By responding party or interested owner Upon written request of a responding party or interested owner, the Board shall dismiss any responses to the petition, and shall consider all claims and factual assertions