| (a) General Procedure. All hearings shall be conducted
de novo. The hearing shall be conducted informally and in such manner
as to ascertain the substantive rights of the parties. The hearing
officer shall develop the evidence. All issues relevant to the appeal
shall be considered and addressed.
(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 Witnesses and Parties. The hearing
officer shall examine parties and any witnesses under oath 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
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, including a party, who fails to correct behavior
the hearing officer identifies as disruptive. After an expulsion,
the hearing officer may proceed with the hearing and render a decision.
(b) 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 or 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, including recordings of the hearing and
file documents at no charge.
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