Ariz. Admin. Code § R6-13-149 - Hearing Officer: Duties and Qualifications

A. An impartial hearing officer in the Office of Appeals shall conduct all hearings.

B. The hearing officer shall:

1. Administer oaths and affirmations;

2. Regulate and conduct hearings in an orderly and dignified manner that avoids unnecessary repetition and affords due process to all participants;

3. Ensure consideration of all relevant issues;

4. Exclude evidence that is not competent, relevant, or material, or that is unduly repetitious from the record;

5. Request, receive, and incorporate relevant evidence into the record;

6. Subpoena witnesses or documents needed for the hearing upon compliance with the requirements of R6-13-151;

7. Open, conduct, and close the hearing;

8. Rule on the admissibility of evidence offered at the hearing;

9. Direct the order of proof at the hearing;

10. Upon the request of a party, or on the hearing officer's own motion, and for good cause shown, take action the hearing officer deems necessary for the proper disposition of an appeal, including the following:

a. Disqualify himself or herself from the case,

b. Continue the hearing to a future date or time,

c. Reopen the hearing to take additional evidence prior to the entry of a final decision,

d. Deny or dismiss an appeal or request for hearing in accordance with the provisions of this Article,

e. Exclude nonparty witnesses from the hearing room; and

11. Issue a written decision resolving the appeal.

Notes

Ariz. Admin. Code § R6-13-149

New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).