R986-100-128. Hearing Procedure

  (1) Hearings are not open to the public.

  (2) A party may be represented at the hearing. The party may also invite friends or relatives to attend as space permits and consistent with the orderly progress of the hearing.

  (3) Representatives from the Department or other state agencies may be present.

  (4) All hearings will be conducted informally and in such manner as to protect the rights of the parties. The hearing may be recorded.

  (5) All issues relevant to the appeal will be considered and decided upon.

  (6) The decision of the ALJ will be based solely on the testimony and evidence presented at the hearing.

  (7) All parties may testify, present evidence or comment on the issues.

  (8) All testimony of the parties and witnesses will be given under oath or affirmation.

  (9) Any party to an appeal will be given an adequate opportunity to be heard and present any pertinent evidence of probative value and to know and rebut by cross-examination or otherwise any other evidence submitted.

  (10) The ALJ will direct the order of testimony and rule on the admissibility of evidence.

  (11) Oral or written evidence of any nature, whether or not conforming to the legal rules of evidence including hearsay, may be accepted and will be given its proper weight.

  (12) Official records of the Department, including reports submitted in connection with any program administered by the Department or other State agency may be included in the record.

  (13) The ALJ may request the presentation of and may take such additional evidence as the ALJ deems necessary.

  (14) The parties, with consent of the ALJ, may stipulate to the facts involved. The ALJ may decide the issues on the basis of such facts or may set the matter for hearing and take such further evidence as deemed necessary to determine the issues.

  (15) The ALJ may require portions of the evidence be transcribed as necessary for rendering a decision.

  (16) Unless an interested person requests a continuance, the decision of the ALJ will be issued within 60 days of the date on which the interested person requests a hearing.

  (17) A decision of the ALJ which results in a reversal of the Department decision shall be complied with within 10 days of the issuance of the decision.