A. Appearance of Parties. The complainant and
respondent shall be parties to the proceeding and may examine and cross-examine
witnesses and submit other evidence. Any person who has or claims an interest
in the subject of the hearing may, in the discretion of the hearing officer, be
permitted to appear for presentation of oral or written arguments.
B. Conduct of Hearings. Consistent with the
provisions of this Part, hearings shall be conducted by one or more hearing
officers. If more than one hearing officer conducts a hearing, one of them
shall be designated by the Commission as the presiding member.
C. Time of Hearings. A hearing shall be
conducted at the time and place set forth in the notice of hearing, except that
the time of hearing may be extended by the Commission, on application of any
party or the Commission attorney, to such later date as the Commission may
determine for good cause shown.
D.
Procedure at Hearing. Unless specifically provided otherwise in this Part, the
following procedures shall apply to all hearings before the Commission.
1. The hearing officer shall have full
authority to control the procedures of the hearing, to admit or exclude
testimony or other evidence, to rule upon all objections and take such other
actions as are necessary and proper for the conduct of such hearing including,
but not limited to, ordering the appearance of any person and the production of
any books, papers, documents or tangible things at the hearing; and ruling upon
any motion to quash or modify a subpoena; provided, however, that the hearing
officer shall make no finding at the hearing that respondent has engaged in any
unlawful discriminatory practice or that the complaint should be
dismissed.
2. Where hearings are
conducted by three (3) or more hearing officers, all rulings and determinations
shall be made by majority rule.
3.
Written stipulations may be introduced in evidence, if signed by the person(s)
sought to be bound thereby, or by their attorney(s). Oral stipulations may be
made on the record at hearings.
4.
The hearing officer may continue a hearing from day to day or adjourn it to a
later date or to such different place, as is permitted by law, by announcing
such action at the hearing, or by appropriate notice to all parties.
5. The hearing officer shall permit the
parties, the Commission attorney or members of the Commission staff who are
presenting the case, and other persons permitted to appear pursuant to this
Part to argue orally and/or to file briefs within such time limits as the
hearing officer may determine.
6.
The testimony taken at the hearing shall be under oath. The entire proceedings
shall be transcribed and the transcript shall be filed with the Commission.
Thereafter, in its discretion, the Commission, upon notice to the complainant
and to the respondent, may take further testimony or hear argument.
7. The hearing officer may exclude from the
hearing room, or from further participation in the proceeding, any person who
engages in disruptive conduct during the hearing.
8. Any party to a hearing may be represented
by counsel, as set forth in §
2.3(A) of
this Part. Any party may represent themselves to the extent authorized by law
and §
2.3(A) of
this Part. The Commission counsel may represent a party when they are directed
to do so by the Commission.
9. All
hearings shall be public, unless for good cause the Commission shall decide
otherwise.
10. The Commission shall
not be precluded from taking evidence, considering claims or issuing findings
on matters which could have been presented to any other state administrative
agency, but which were not actually presented and decided in a contested case
as defined under the Administrative Procedures Act. To the extent the
Commission is bound by findings of fact and conclusions of law of another state
administrative agency, the Commission shall be entitled to grant any relief
authorized under the law in accordance with those findings to the extent that
this relief was not available to, or within the authority of, the other agency
to provide.
E. Rules of
Evidence. While the method of presenting evidence shall be relaxed, only
competent, relevant and material evidence shall be considered by the
Commission.
1. Subject to the provisions of
law and to other provisions of this Chapter, all relevant evidence is
admissible which, in the opinion of the hearing officer, is the best evidence
reasonably obtainable, having due regard for its necessity, availability and
trustworthiness. In passing upon the admissibility of evidence, the hearing
officer shall give consideration to, but shall not be bound to follow the rules
of evidence prevailing in the courts.
2. The hearing officer may, in their
discretion, either with or without objection, exclude inadmissible evidence or
order cumulative evidence discontinued. Parties objecting to the introduction
of evidence shall state the precise grounds of such objection at the time such
evidence is offered. When objection is made to the admissibility of evidence,
such evidence may be received subject to a later ruling.
F. Reopening of Hearing. At any time after a
hearing has been closed but prior to the filing of the Decision and Order, the
Commission may, on its own initiative or upon written motion by any party, a
copy of which has been provided to all parties, reopen the proceeding to
receive further evidence and/or to hear argument.
G. Proposed Findings of Fact. Any party may,
at the conclusion of a hearing or within such later time as may be fixed,
submit to the Commission proposed findings of fact, copies thereof to be served
upon each party to the proceeding. These proposed findings of fact must be
stated in separately numbered paragraphs which state facts and not
arguments.
H. Memoranda. The
hearing officer may allow parties to present memoranda and/or written arguments
after the conclusion of the hearing.
