R982-111-312. Department a Party to Hearings

(1) As a party to the hearing, the department has the right to present evidence, bring witnesses, cross-examine witnesses, give rebuttal evidence, and appeal decisions. (2) The ALJ may not act as the agent for the department. (3)(a) The ALJ may call witnesses for the department when the testimony is necessary and the need for such witnesses or evidence could not have been reasonably anticipated by the department before the hearing. (b) If a witness is not available, the ALJ may continue the hearing until the witness is available.