R410-14-10. Conduct of Hearing

  (1) The agency shall conduct hearings in accordance with Section 63G-4-203 on a de novo basis.

  (2) DMHF shall appoint an impartial hearing officer to conduct hearings. Previous involvement in the initial determination of the action precludes an officer from appointment.

  (3) Telephonic hearings will be held at the discretion of the hearing officer.

  (4) The Department is not responsible for any travel costs incurred by the member in attending an in-person hearing.

  (5) The hearing officer shall take testimony under oath or affirmation.

  (6) Each party has the right to:

  (a) present evidence, argue, respond, conduct cross-examination, and submit rebuttal evidence;

  (b) introduce exhibits;

  (c) impeach any witness regardless of which party first called the witness to testify; and

  (d) rebut the evidence against the party.

  (7) Each party may admit any relevant evidence and use hearsay evidence to supplement or explain other evidence as may be required for full disclosure of all facts relevant to the disposition of the hearing. Hearsay, however, is not sufficient by itself to support a finding unless admissible over objection in civil actions. The hearing officer shall give effect to the rules of privilege recognized by law and may exclude irrelevant, immaterial and unduly repetitious evidence.

  (8) The hearing officer may question any party or witness.

  (9) The hearing officer shall control the evidence to obtain full disclosure of the relevant facts and to safeguard the rights of the parties. The hearing officer may determine the order in which he receives the evidence.

  (10) The hearing officer shall maintain order and may recess the hearing to regain order if a person engages in disrespectful, disorderly or disruptive conduct. The hearing officer may remove any person, including a participant from the hearing, to maintain order. If a person shows persistent disregard for order and procedure, the hearing officer may:

  (a) restrict the person's participation in the hearing;

  (b) strike pleadings or evidence; or

  (c) issue an order of default.

  (11) If a party desires to employ a court reporter to make a record of the hearing, it must file an original transcript of the hearing with the hearing officer at no cost to the agency.

  (12) The party who initiates the hearing process through a request for agency action has the burden of proof as the moving party.

  (13) When a party possesses but fails to introduce certain evidence, the hearing officer may infer that the evidence does not support the party's position.