Reopening Prior to Decision

After the close of the hearing and prior to a decision, the hearing officer, if he or she determines the need of further testimony, evidence, materials or legal support is warranted before rendering his or her decision, the hearing officer may reopen the record or, if appropriate, the hearing to consider further information. If the hearing officer decides to reopen the hearing, DOH must send written notice within seven days to all parties of the reopening including the date, time and place of the resumed hearing, and the reasons for reopening the hearing. The hearing shall be held at a location accessible to the appellant. Prior to the issuance of a hearing decision, any party to a hearing may request in writing that the hearing officer exercise his or her power to reopen the hearing, which request shall become part of the record.