R25-3-7. Informal Adjudicative Proceedings

  (1) An informal review hearing will be held only after timely notice to all Parties; timely notice being at least 30 days prior to the scheduled hearing in accordance with Administrative Rule Subsection R25-3-5(3) above.

  (2) In reference to Section 63G-4-203, the following procedures for informal adjudicative proceedings apply:

  (a) A hearing may be conducted without adherence to the rules of evidence required in judicial proceedings. Irrelevant, immaterial, and unduly repetitious evidence shall be excluded. The weight to be given to evidence shall be determined by the presiding Appeal Authority hearing officer. Any relevant evidence may be admitted if it is the type of evidence commonly relied upon by prudent persons in the conduct of their affairs. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding.

  (b) Discovery is prohibited, but the Appeal Authority may issue subpoenas and other orders to compel production of necessary evidence.

  (c) All Parties shall have access to information contained in the case files and to all materials and information gathered in any investigation, to the extent permitted by law.

  (d) Intervention is prohibited, except as stated in Subsection 63G-4-203(1)(g).

  (e) A review hearing shall be open to all Parties named in the hearing notice, and all Parties shall be entitled to introduce evidence, examine and cross-examine witnesses, make arguments, and fully participate in the proceeding.

  (f) The testimony and statements received at a review hearing may be under oath.

  (g) The proceedings may be recorded electronically by the Department of Administrative Services Division of Finance at the division's expense. At its own expense any Party may have a reporter, who is approved by the division, prepare a transcript from the record of the hearing. If a Party desires that the testimony be recorded by means of a court reporter, that Party may employ a court reporter at its own expense and shall furnish a transcript of the testimony to the division free of charge. This transcript shall be available at the Division of Finance to any Party to the hearing.