Conduct of the fact-finding

(a) The Administrator will control and conduct the predetermination hearing informally through examination of the record and direct questioning as the Administrator determines necessary for a proper and complete decision. (b) In conducting the hearing, the Administrator will not be bound by the ordinary common law or statutory rules of evidence or procedure. (c) The issue(s) addressed at the predetermination hearing will be confined to the issue(s) listed on the hearing notice. A hearing will not be conducted regarding any other eligibility issue which is identified by the Administrator during the predetermination hearing unless the parties are afforded proper notice of such issue and hearing. (d) An issue stated in terms of a voluntary leaving or a discharge shall generally be construed to be a single issue covering the separation from employment so that the record may be developed on either or both kinds of separation. (e) The Administrator may limit or deny a party's right to cross-examination whenever the Administrator determines that such cross-examination is not producing or would not produce information useful or relevant to adjudication of the claim. (f) The Administrator may limit or exclude from the record testimony, documents or other evidence which the Administrator determines to be incompetent, irrelevant, unduly repetitious or otherwise improper. (g) The Administrator shall not permit any individual present at the predetermination hearing to engage in improper behavior or tactics which disrupt the fair, orderly, efficient and effective conduct of the hearing. The Administrator may, at the Administrator's own discretion, take any action the Administrator deems necessary to prevent or discontinue such behavior or tactics, including termination of the hearing. (h) During a predetermination hearing, on the Administrator's own motion or on the motion of any interested party, and at the sole discretion of the Administrator, a continuance may be granted for good cause and the record kept open for a specified period of time. (i) The Administrator shall contact by telephone any party who has provided timely notice of an intent to participate by telephone on the date of the scheduled hearing at the time specified on the hearing notice. (j) The Administrator may develop and utilize any forms or questionnaires deemed necessary for use in the hearing process. (k) The Administrator shall take all steps necessary to insure that any party, whether participating in person, in writing, by telephone or by other electronic means to a predetermination hearing, is afforded appropriate opportunity for rebuttal. However, where an employer's participation is limited to a statement and the employer has not indicated an interest in participating by telephone, the Administrator will attempt to contact the employer where there is a clear conflict between the factual accounts offered by each party and adjudication of the fact(s) in dispute is necessary to disposition of the claim. Where information resulting from such contact is provided by the employer when the claimant is no longer physically or telephonically present, the claimant shall be informed of the information provided by the employer. The claimant shall be provided an appropriate opportunity for rebuttal of any potentially disqualifying information acquired as a result of such contact, regardless of when such information was provided. (l) The Administrator shall use best efforts to accurately summarize and record in writing the relevant statements of both parties and any witnesses in a predetermination hearing and shall further use best efforts to verify that the statement accurately reflects the parties' testimony. (m) Where either party makes a request, the Administrator shall provide within a reasonable time period, a copy of any adjudicative report created by the Administrator during a predetermination hearing.