Section R6-5-7509. Hearing Officer: Duties and Qualifications

A.      An impartial hearing officer in the Office of Appeals shall conduct all hearings.

B.       The hearing officer shall:

1.        Administer oaths and affirmations;

2.        Regulate and conduct hearings in an orderly and dignified manner that avoids unnecessary repetition and affords due process to all participants;

3.        Ensure that all relevant issues are considered;

4.        Exclude irrelevant evidence from the record;

5.        Request, receive, and incorporate into the record, relevant evidence;

6.        Upon compliance with the requirements of R6-5-7511, subpoena witnesses or documents needed for the hearing;

7.        Open, conduct, and close the hearing;

8.        Rule on the admissibility of evidence offered at the hear- ing;

9.        Direct the order of proof at the hearing;

10.     Upon the request of a party, or on the hearing officer’s own motion, and for good cause shown, take action the hearing officer deems necessary for the proper disposi- tion of an appeal, including the following:

a.        Disqualify himself or herself from the case;

b.        Continue the hearing to a future date or time;

c.        Prior to the entry of a final decision, reopen the hear- ing to take additional evidence;

d.        Deny or dismiss an appeal or request for hearing in accordance with the provisions of this Article; and

e.        Exclude non-party witnesses from the hearing room; and

11.     Issue a written decision resolving the appeal.

Historical Note

Adopted effective June 4, 1998 (Supp. 98-2).