A. When Held.
Hearings will be held whenever required by statute, when requested in
Section229, and otherwise as the
Superintendent may determine in specific cases.
B. Fairness. Hearings shall be conducted in
an impartial manner.
C. Rights of
the Parties. Unless limited by stipulation or order in accordance with this
chapter, or unless limited by the Superintendent to prevent repetition or
unreasonable delay in proceedings, every party shall have the right to present
evidence and argument on all relevant issues, and at any hearing to call and
examine witnesses and to make oral cross-examination of any person present and
Participation. Hearings will be held before the Superintendent or such
presiding officer as he may designate. The Bureau staff may appear at any
hearing and shall have all rights of participation in any proceeding as the
E. Sworn Testimony.
All witnesses shall swear that their testimony is wholly truthful or shall make
a solemn affirmation to that effect in lieu thereof.
(1) Authority. The Superintendent may
designate a presiding officer for any hearing pursuant to
Section9062. A presiding officer shall have
all powers enumerated in Section 9062(3) and in these rules, and, in addition
may exercise such powers of the Superintendent under these rules as he may
a. Any proposed findings of fact, or any
proposed decision prepared by the presiding officer shall be made only in the
form of a written report. A copy of the report shall be provided to each party,
and an opportunity shall be provided for response or exceptions to be filed by
each party. The presiding officer shall set the time within which exceptions
may be filed.
b. The presiding
officer may orally recount the evidence and may orally provide the
Superintendent with advice in the course of his deliberations, whether or not a
report has been prepared. When a report has been prepared and the time for
filing has elapsed, the presiding officer may, upon request of the
Superintendent, comment upon the proceeding, his report, and the exceptions
Continuances. Changes in the time and place of the first session of a hearing
may be requested in writing, reasonably in advance of the time scheduled. The
Superintendent or presiding officer may, in his discretion, grant or deny the
request. Changes in the schedule of subsequent sessions of a hearing may be
announced to the parties on the record during the hearing. It shall be the
responsibility of any party not in attendance to inquire whether any such
changes have been announced. Motions for continuances shall be made no less
than (4) days before the date set for the beginning of a hearing.