| (a) Testimony. The affected person shall have the opportunity to refute the basis of the proposed action, to offer oral and written testimony in the person's behalf, and to question any witnesses or appropriate department program representatives about the proposed action. The affected person may bring witnesses. (b) Burden of proof. The department program bears the burden of proof in a fair hearing, unless otherwise specified in a department rule. (c) Recording. The hearing examiner will make a record of the proceeding, either through a tape recording or a court reporter. The cost of a court reporter will be borne by the person who requests that a court reporter be present. The affected person shall have the right to make an audio recording of the fair hearing. Any witness shall have the right to make an audio recording of his or her testimony.
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