Department Rights and Responsibilities

The Department can present its case or can request the assistance of a Department attorney. The Department shall: (A) submit all evidence on which any decision at issue is based at the hearing; (B) designate a representative to represent the Department at the hearing and arrange for adequate space for the hearing; (C) resent witnesses when appropriate and subpoena witnesses upon request to DOH; (D) ensure that the case record is available at the hearing and that the appellant has adequate opportunity to examine it prior to and during the hearing; (E) introduce evidence from the case record and other pertinent Department documents which pertain to the issues raised during the hearing; (F) present and establish all relevant facts and circumstances by oral testimony and documentary evidence; (G) have the right to make pertinent arguments without undue interference; (H) have the right to question and refute any testimony and confront and cross-examine adverse witnesses; and (I) arrange for the appearance at the hearing of a representative of other programs, if appropriate.