(a) The hearing shall be conducted telephonically,
unless an in-person hearing is requested and the hearing officer deems
an in-person hearing appropriate or the hearing officer determines
that another method of conducting the hearing is appropriate.
(b) The hearing shall be conducted informally and in
such a manner as to ascertain the substantive rights of the parties.
All issues relevant to the appeal shall be considered and addressed,
and may include:
(1) Presentation of Evidence. The parties to an appeal
may present evidence that is material and relevant, as determined
by the hearing officer. In conducting a hearing, the hearing officer
shall actively develop the record on the relevant circumstances and
facts to resolve all issues. To be considered as evidence in a decision,
any document or physical evidence must be entered as an exhibit at
the hearing. A party has the right to object to evidence offered at
the hearing by the hearing officer or other parties.
(2) Examination of Parties and Witnesses. After placing
the witnesses under oath, the hearing officer shall examine parties
and any witnesses and shall allow cross-examination to the extent
the hearing officer deems necessary to afford the parties due process.
(3) Additional Evidence. The hearing officer, with
or without notice to any of the parties, may take additional evidence
as deemed necessary, provided that a party shall be given an opportunity
to rebut the evidence if it is to be used against the party's interest.
(4) Appropriate Hearing Behavior. All parties shall
conduct themselves in an appropriate manner. The hearing officer may
expel any individual or party who fails to correct behavior the hearing
officer identifies as disruptive. After expulsion, the hearing officer
may proceed with the hearing and render a decision.
(c) Records.
(1) The hearing record shall include the audio recording
of the proceeding and any other relevant evidence relied on by the
hearing officer, including documents and other physical evidence entered
as exhibits.
(2) The hearing record shall be maintained in accordance
with federal and state law.
(3) Confidentiality of information contained in the
hearing record shall be maintained in accordance with federal and
state law.
(4) Upon request, a party has the right to obtain a
copy of the hearing record at no charge. However, a party requesting
a transcript of the hearing record shall pay the costs of the transcription.
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