Current through Register Vol. 43, No. 39, September 26, 2024
(a) At any point
during a conference hearing being conducted according to K.A.R. 5-14-2, the
conference hearing may be converted by the chief engineer to a full
adjudicative hearing to be heard by the chief engineer.
(b) The conversion of a conference hearing to
a full adjudicative hearing may be effected only upon providing notice to all
parties to the original proceedings.
(c) The record of the conference hearing may
be used in the full adjudicative hearing.
(d) After a conference hearing is converted
to a full adjudicative hearing, the hearing officer shall perform the
following:
(1) Give any additional notice to
parties or other persons necessary to satisfy the requirements of a full
adjudicative hearing; and
(2)
conduct any additional proceedings necessary to satisfy the requirements of a
full adjudicative hearing.
(e) If the conference hearing is converted to
a full adjudicative hearing, the full adjudicative hearing shall be conducted
according to the following criteria:
(1) The
hearing officer shall regulate the course of the proceedings.
(2) The parties may testify and present
exhibits.
(3) The hearing officer
may allow nonparties an opportunity to present oral or written statements and
exhibits.
(4) All testimony shall
be given under oath.
(5) To the
extent necessary for full disclosure of all relevant facts and issues, the
hearing officer shall afford to all parties the opportunity to respond, present
evidence and arguments, conduct cross-examination, and submit rebuttal
evidence.
(6) The hearing officer
may conduct all or part of the hearing by telephone or other electronic means,
if each party in the hearing has an opportunity to participate in the entire
proceeding while it is taking place.
(7) The hearing shall be recorded at the
agency's expense.
(8) Any party,
at that party's expense and subject to any reasonable conditions that the state
agency may establish, may cause a person other than the state agency to prepare
a transcript from the state agency's recording or cause additional recordings
to be made during the hearing.
