Current through Register Vol. 42, No. 11, August 30, 2024
(a)
The hearing officer is an employee, panel of employees or designee, including a
designee by contract or agreement, of the State Department of Human Resources.
The hearing officer cannot conduct a hearing of any case in which he/she has
taken part or assisted in the Department's action. The hearing officer
exercises full control over the conduct of the hearing. The hearing officer is
the hearing authority entitled to make the final administrative decision for
the Department.
(b) The duties of
the hearing officer include, but are not limited to, the following:
1. To direct the hearing;
2. To explain the conduct of the
hearing;
3. To hear
testimony;
4. To administer oaths
and to examine witnesses and otherwise receive evidence having a bearing on the
point or points at issue. In examining witnesses and in the general conduct of
the hearing, the hearing officer must maintain an attitude of impartiality. The
only objective in examining witnesses shall be to attempt to arrive at the
truth concerning the issues involved;
5. To order, where relevant, necessary, and
useful, an independent medical assessment or professional evaluation, at agency
expense. In the Food Stamp program, the Department and the aggrieved person
must agree as to the source of the assessment or evaluation;
6. To decide on the admissibility of
evidence;
7. To decide on the kind
of record to be made of the hearing;
8. To render a final decision;
9. To sign and issue subpoenas to witnesses
or for the production of papers and writings;
10. To grant or deny and set time and place
for continuances, postponements or further submissions of evidence, arguments
or briefs;
11. To grant or deny
petitions or motions to amend, intervene or apply for rehearing; and
12. To reprimand, exclude, or limit the
presence of witnesses or other persons at the hearing because of improper
conduct, space limitations or a sequestrian request by a party or on his own
motion.
13. To issue discovery
orders related to relevant matters as provided by these rules and protective
orders in accordance with the Rules of Civil Procedure.
Author: James E. Long
