(1) A hearing shall be held at a time
reasonably convenient to the petitioner, department or agency staff and the
administrative law judge, shall be easily accessible to the petitioner and,
whenever possible, shall be held on department or agency premises, subject to
the judgment of the administrative law judge.
(2) A petitioner in need of special
arrangements for the hearing, such as an interpreter or a hearing site other
than the county agency, shall notify the division of this need no later than 5
days prior to the hearing.
least 10 days before the hearing, the division shall provide written notice to
the petitioner and the petitioner's representative, if any, of the time, date
and place of the hearing.
division may postpone a hearing for good cause. In food stamp cases, a
petitioner may request and is entitled to receive a postponement of the
scheduled hearing of up to 30 days.
(5) The parties may be directed by the
administrative law judge to appear at a conference or to participate in a
telephone conference to consider how issues might be clarified or simplified,
whether facts or documents which may be admitted which will avoid unnecessary
proof, or any other matter that may aid in the disposition of the
The petitioner or
petitioner's representative shall have an opportunity to do all of the
Examine at a reasonable time
before the date of the hearing and during the hearing all documents and records
to be used or that are used at the hearing, and the content of the applicant's
or recipient's case file, in accordance with
or 42 CFR
(b) Present the case or
have it presented by a representative.
(c) Bring witnesses.
(d) Question or refute any testimony or
evidence, and confront and cross-examine adverse witnesses.
(e) Submit relevant evidence to establish all
pertinent facts and circumstances in the case.
(f) Advance relevant arguments without undue
hearing shall be tape-recorded by the administrative law judge.
(8) If individual issues of fact are not in
material dispute and related issues of state or federal law are the sole issues
being raised, the division may respond to a series of individual requests for a
hearing by conducting one group hearing.