R 408.22237 Hearings.

Rule 1237. (1) Except as may be ordered otherwise by the hearing officer, the party applicant for relief shall proceed first at a hearing. (2) The party applicant shall have the burden of proof. (3) A party shall be entitled to present his case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full disclosure of the facts. Any oral and documentary evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs may be received, but a hearing officer may exclude evidence which is irrelevant, immaterial, or unduly repetitious. (4) The testimony of a witness shall be upon oath or affirmation administered by the hearing officer. (5) If a party objects to the admission or rejection of any evidence or to the limitation of the scope of an examination or cross-examination or to the failure to limit the scope, he shall state briefly the grounds for the objection. Rulings on objections shall appear in the record. (6) A formal exception to an adverse ruling is not required. (7) Official notice may be taken of any material fact not appearing in evidence in the record, which is among the traditional matters of judicial notice or concerning which the departments by reason of their functions are presumed to be expert, if the parties are given adequate notice, at the hearing or by reference in the hearing officer's proposed decision, of the matters so noticed, and, upon timely request, are given adequate opportunity to show the contrary before the final decision. (8) Hearings shall be recorded, but need not be transcribed, unless requested by a party. The party requesting the transcript shall pay for the transcription. Copies of the transcript may be obtained by the parties upon written application filed with a department and upon the payment of fees at the rate provided on notice by the department.