Current through March 20, 2024
012.01
Public Attendance.
Hearings on contested cases are open to the public, except
that evidence subject to a protective order may be received in camera or under
such conditions as may be appropriate to preserve confidentiality.
012.01A A record shall be made of any portion
of a hearing held in camera. The Director may order the record sealed to be
made available only for purposes of review by the Director or other person
authorized to recommend or render a decision in the case, or by a court of
competent jurisdiction in any appeal.
012.01B The fact that a party or witness may
be embarrassed or subject to public ridicule by reason of the public being
present shall not be grounds to close a hearing to the public.
012.01C Nothing in this regulation shall be
construed to limit the power of the Hearing Officer to maintain decorum by
ordering unruly spectators to leave the hearing room, or from reasonably
limiting the number of spectators.
012.02
Broadcasting
Hearings.
Broadcasting, televising, recording, or taking photographs in
the hearing room and areas immediately adjacent to the hearing room during
sessions of hearing or recesses between sessions is prohibited, except that a
Hearing Officer may authorize:
012.02A
the use of electronic or photographic means for the presentation of evidence,
for the perpetuation of a record, or for other purposes of official
administration; and
012.02B the
photographic or electronic recording and reproduction of appropriate
proceedings under the following conditions:
012.02B1 the means of recording will not
distract participants or impair the dignity of the proceedings;
012.02B2 the parties have consented, and the
consent to being depicted or recorded has been obtained from each witness
appearing in the recording and reproduction;
012.02B3 the reproduction will not be
exhibited until after the proceeding has been concluded and all direct appeals
have been exhausted; and
012.02B4
the reproduction will be exhibited only for instructional purposes in
educational institutions.
012.03
Hearing
Decorum.
012.03A
Attendance. All parties and their attorneys, if
represented, shall be present in the hearing room and ready to proceed at the
hour set for hearing.
012.03B
Examination of witnesses. Except when it is necessary
to approach a witness or exhibit, the examination of witnesses shall be
conducted while seated at the counsel table or from the lectern, if the hearing
room is equipped with a lectern. Only one person for each party shall examine a
witness or make objections during the testimony of a witness. No party or his
or her counsel shall approach a witness without the permission of the Hearing
Officer.
012.03C
Discussions. No party, or his or her attorney, when represented,
shall participate in discussions with the opposing party or his or her attorney
during session without the permission of the Hearing Officer.
012.04
Order of
Proof.
Evidence will be received in the following order unless the
Hearing Officer orders a different procedure or a different order is required
by law:
(1) the main case of the
plaintiff/petitioner/appellant;
(2)
the case of the defendant/respondent/appellee;
(3) the rebuttal by the
plaintiff/petitioner/appellant; and
(4) surrebuttal of
defendant/respondent/appellee.
012.05
Basic Stages of
Hearing.
The basic stages of hearing are:
012.05A
Opening of the
Proceedings. The Hearing Officer will open the proceedings by
announcing the case to be heard, entering the notice of hearing into the
record, introducing him/herself and asking for the parties or their counsel to
make their appearances (i.e., announce their presence and identify
themselves).
012.05B
Preliminary Matters. The Hearing Officer hears any motions,
stipulations, or other matters preliminary to proceeding with the
hearing.
012.05C
Opening Statements. The parties are granted the opportunity to
make opening statements if they so desire. Opening statements take place in the
same order as the order of proof.
012.05D
Presentation of the
Evidence. The evidence is presented in the order described in
012.04. In each stage described in 012.04, witnesses customarily pass through
the following steps:
012.05D1 Direct
examination conducted by the party who calls the witness.
012.05D2 Cross-examination by the opposing
party.
012.05D3 Re-direct
examination by the party who called the witness.
012.05D4 Re-cross examination by the opposing
party.
012.05E
Closing Arguments. After the evidence is presented,
each party may have opportunity to make closing arguments. Closing arguments
shall be made in the same order as the order of proof.
012.05F
Other
Matters. After the close of the evidence and any argument, the
Hearing Officer may take up such matters as may be necessary before closing the
hearing (e.g., briefing).
012.05G
Closing the Hearing. The Hearing Officer announces the
closing of the hearing.
012.06
Opening Statements and
Closing Arguments.
Opening statements and closing arguments will be permitted
only insofar as the statements or arguments relate to the evidence presented
and explanation of that evidence. Unless otherwise permitted by the Hearing
Officer, opening statements and closing arguments shall be limited to twenty
(20) minutes by each party. Either or both parties may waive oral argument. A
party may reserve opening statement to precede the presentation of his or her
case.
012.07
Stipulations or Hearing by Written Submission.
Parties may enter into agreements to offer their cases by
written submission or may stipulate to the facts and proceed to hearing on the
issue of disposition only. Any such agreements must be made in writing and
entered into the record or be made verbally on the record at time of hearing.
Parties shall be bound by their agreements.
012.08
Oath or
Affirmation.
All parties shall be sworn in prior to testifying by either
oath or affirmation.
012.09
Direct Testimony By Parties Appearing Without Counsel.
Parties appearing without counsel may present their own
testimony by narration, and shall be sworn in prior to beginning
testimony.
012.10
Recesses.
The Hearing Officer may recess the hearing for breaks, meals,
and from day to day until the hearing is completed. If a hearing exceeds the
day or days scheduled, the matter may be recessed to the next available date
for proceeding with hearing.
012.11
Briefs.
Parties may submit pre-hearing or post-hearing briefs. In
addition, the Director or Hearing Officer may require the parties to submit
briefs either simultaneously or according to a prescribed
schedule.
012.12
Late Submissions.
Submission of exhibits after the close of hearing may be made
only with the permission of the Director or Hearing Officer upon motion by the
party at the hearing. The parties shall have opportunity to be heard on the
motion. If the motion is granted, the opposing party shall be given opportunity
to offer rebuttal.
012.13
Reopening a Case.
Once a hearing is closed, it will be reopened only upon a
showing of good cause and before judgment. Application shall be made by motion
and shall be heard unless the parties stipulate and jointly move to reopen the
case.
