shall be conducted in an orderly and dignified manner. All hearings shall be
open to the public, but the hearing officer conducting a hearing may close the
hearing to everyone other than the parties to the extent necessary to protect
the interests and rights of the parties.
B. Hearings shall be opened, conducted and
closed by the hearing officer who shall rule on the admissibility of evidence,
and shall direct the order of proof. He shall have the power to administer
oaths and affirmations, take depositions, certify official acts, and issue
subpoenas to compel the attendance of witnesses and the production of any
documents he deems necessary as evidence in connection with a
C. The hearing is a de
novo proceeding. The Department has the initial burden of going forward with
presentation of evidence.
Evidence not related to the issue shall not be allowed to become a part of the
E. The hearing officer may,
on his own motion, or at the request of a party, exclude witnesses from the
F. The case manager,
supervisor, licensing worker, or other appropriate person may be designated
Department spokesperson for the hearing. The Department spokesperson may
testify and present written evidence on behalf of the Department.
G. The parties may present evidence,
cross-examine witnesses and present arguments.
H. The parties to an appeal, with the consent
of the hearing officer, may stipulate to facts involved in writing or on the
I. At the conclusion of a
hearing, the parties shall be granted a reasonable opportunity to present
argument on all issues of fact and law to be decided. The hearing officer shall
afford the parties an opportunity to present oral argument or to file briefs,
J. A full and complete
record shall be kept of all proceedings in connection with an appeal. The
record shall be open for inspection by the appellant or his representative at a
place accessible to him. A transcript of the proceedings need not be made
unless it is required for further proceedings.