Ariz. Admin. Code § R6-14-413 - Hearing Proceedings
A.
The hearing is a de novo proceeding. The Department has the initial burden of
presenting the evidence to support the adverse action being appealed.
B. The standard of proof is a preponderance
of the evidence.
C. The Arizona
Rules of Evidence do not apply at the hearing. The hearing officer may admit
and give probative effect to evidence as prescribed in A.R.S. §
41-1062(A).
D. The Office of Appeals shall audio record
all hearings. The Office of Appeals shall also transcribe the proceedings when
a transcription is requested by the Appeals Board or when a transcription is
required for judicial review under A.R.S. §
41-1993. If a
transcript is prepared for any purpose, the appellant is entitled to a copy of
the transcription at no cost.
E. A
party may, at the party's own expense, arrange to have a court reporter present
to transcribe the hearing, provided that such transcription does not delay or
interfere with the hearing. The Office of Appeal's recording of the hearing
shall constitute the official record of the hearing.
F. The hearing officer shall call the hearing
to order and dispose of any prehearing motions or issues.
G. With the consent of the hearing officer,
the parties may stipulate to factual findings or legal conclusions.
H. A party may advance arguments without
undue interference.
I. A party may
testify, present evidence, call witnesses, cross-examine adverse witnesses, and
object to evidence. The hearing officer may also take witness testimony or
admit evidence on the hearing officer's own motion.
J. The hearing officer shall keep a complete
record of all proceedings in connection with an appeal.
K. The hearing officer may request the
parties to submit memoranda on issues in the case if the hearing officer finds
that the memoranda would assist the hearing officer in deciding the case. The
hearing officer shall establish a briefing schedule for any required
memoranda.
L. The recording of the
hearing, all the evidence presented at the hearing and all papers and requests
filed shall constitute the record and shall be available to the household or
its representative at any reasonable time for copying and inspection.
Notes
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