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

Current through Register Vol. 48, No. 14, April 8, 2022

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).

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