Section R6-5-7515. Hearing Proceedings

A.      The hearing is a de novo proceeding. The Department has the initial burden of going forward with evidence to support the adverse action being appealed.

B.       To prevail, the appellant shall prove, by a preponderance of the evidence, that the Department’s action was unauthorized, unlawful, or an abuse of discretion.

C.      The Arizona Rules of Evidence do not apply at the hearing. The hearing officer may admit and give probative effect to evi- dence as prescribed in A.R.S. § 23-674(D).

D.      The Office of Appeals shall tape record all hearings or record the hearing by other stenographic means. The  Department need not transcribe the proceedings unless a transcription is required for further administrative or judicial proceedings.

E.       The Office of Appeals charges a fee of 15¢ per page for pro- viding a transcript. A party may obtain a waiver of the fee by submitting an affidavit stating that the party cannot afford to pay for the transcript.

F.       A party may, at his or her own expense, arrange to have a court reporter present to transcribe the hearing.

G.      The hearing officer shall call the hearing to order and dispose of any pre-hearing motions or issues.

H.      With the consent of the hearing officer, the parties may stipu- late to factual findings or legal conclusions.

I.        Upon request and with the consent of the hearing officer, a party may make opening and closing statements. The hearing officer shall consider any statements as argument and not evi- dence. Unless the hearing officer allows a longer period of time, a statement shall not exceed three minutes.

J.        A party may testify, present evidence, and cross-examine adverse witnesses. The hearing officer may also take witness testimony or admit documentary or physical evidence on his or her own motion.

K.      The hearing officer shall keep a complete record of all pro- ceedings in connection with an appeal and shall exclude any irrelevant evidence.

L.       The hearing officer may require the parties to submit memo- randa on issues in the case if the hearing officer finds that the memoranda would assist the hearing officer in deciding the case. The hearing officer shall establish a briefing schedule for any required memoranda.

Historical Note

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