R6-13-149. 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 consideration of all relevant issues; 4. Exclude evidence that is not competent, relevant, or material, or that is unduly repetitious from the record; 5. Request, receive, and incorporate relevant evidence into the record; 6. Subpoena witnesses or documents needed for the hearing upon compliance with the requirements of R6-13-151; 7. Open, conduct, and close the hearing; 8. Rule on the admissibility of evidence offered at the hearing; 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 disposition 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. Reopen the hearing to take additional evidence prior to the entry of a final decision, d. Deny or dismiss an appeal or request for hearing in accordance with the provisions of this Article, e. Exclude nonparty witnesses from the hearing room; and 11. Issue a written decision resolving the appeal.