Current through Register Vol. 47, No. 52, December 29, 2023
a) Calling and
Notice of Hearing. The Division may call a hearing respecting any complaint and
fix the date and place of hearing. The Division shall mail to each party, at
least 5 days prior to the hearing date, a notice stating:
1) the time and place of the
hearing;
2) any statute or rule
involved, and
3) unless the
substance of the complaint was adequately stated in the original notice of
complaint, the substance of the complaint.
b) Conduct of Hearing.
1) A hearing is an informal proceeding. The
parties shall appear before a duly assigned Hearing Officer. Opportunity shall
be afforded to the complainant and respondent to present evidence and argument
on all issues involved and to cross-examine all witnesses who have testified.
The Hearing Officer may question any party or witness.
2) The Division may, on its own motion,
subpoena witnesses or tangible evidence. A party may, within a reasonable time
before the hearing date, request the Division to subpoena witnesses or tangible
evidence. Such request shall be granted when the Hearing Officer deems it
appropriate.
3) Any relevant
evidence which is not privileged is admissible without regard to whether such
evidence is hearsay or otherwise inadmissible in a court of law. The Hearing
Officer may exclude irrelevant, immaterial or unduly repetitious
evidence.
4) Each party has the
right to representation by counsel at his own expense.
5) Either party or the Division may cause the
hearing to be transcribed at his or its own expense.
6) The Hearing Officer may make a finding,
based on substantial evidence, that a violation of any statute under the
Division's jurisdiction has occurred. The finding shall be reflected in a
written order. The respondent and complainant shall be notified either
personally or by mail of any such finding or order.
7) A Hearing Officer may administer an oath
or affirmation to any person upon request of either party or upon his own
initiative.
8) A Hearing Officer
may expel any party or attorney from any hearing for improper, disorderly, or
contemptuous conduct.
c)
Failure to Appear at Hearing.
1) Upon failure
of a duly notified respondent to appear at a hearing, the Division may cause a
subpoena to be issued compelling the respondent to appear at a hearing on a
future date certain. Failure of one party to appear at a scheduled hearing does
not preclude the Hearing Officer from receiving evidence from and hearing
arguments by the other party. The Hearing Officer may make a finding
notwithstanding the absence of one of the parties.
2) Upon failure of the complainant to appear,
the Hearing Officer may, in his discretion, terminate the matter.
d) Hearing Officer to be
Impartial. No person with financial or other interest relative to a complaint
shall serve as Hearing Officer. Any party may challenge the impartiality of any
Hearing Officer by presenting an objection in writing to the Hearing Officer or
to the Chief of the Division. The Chief of the Division shall consider and
determine such objection.
e)
Continuance of Date of Hearing. A continuance may be granted in the discretion
of the Hearing Officer for good cause. A request for a continuance must be made
not later than 48 hours prior to the hearing whenever possible. Requests for
continuances made within 48 hours of the hearing will be granted only in a case
of unexpected emergency.
f)
Compliance with Order. Upon a finding by a Hearing Officer that a violation has
occurred, the respondent shall have 5 days to comply with the order of the
Division except that if a later date is specified in the order, the later date
is the effective date.
