R4-44-111. Hearing Procedures

A. A hearing for suspension or debarment is a contested case as defined by A.R.S. § 41-1001(3), and the provisions of A.R.S. Title 41, Chapter 6, Article 6 (A.R.S. § 41-1061 et seq.) apply to those cases. B. The hearing officer may: 1. Hold prehearing conferences to settle, simplify, or identify the issues in a proceeding, or to consider other matters that may aid in the expeditious disposition of the proceeding; 2. Require parties to state their positions concerning the various issues in the proceeding; 3. Require parties to produce for examination those relevant witnesses and documents under their control; 4. Rule on motions and other procedural items on matters pending before such officer; 5. Regulate the course of the hearing and conduct of participants; 6. Establish time limits for submission of motions or memoranda; 7. Impose appropriate sanctions against any person failing to obey an order under these procedures, which may include: a. Refusing to allow the person to assert or oppose designated claims or defenses, or prohibiting that person from introducing designated matters in evidence; b. Excluding all testimony of an unresponsive or evasive witness; and c. Expelling a person from further participation in the hearing; 9. Take official notice of any material fact not appearing in evidence in the record, if the fact is among the traditional matters of judicial notice; and 10. Administer oaths or affirmations.