R21-2-13. Conduct of Hearing in Informal Adjudicative Proceedings

  (1) The hearing shall be conducted by a duly qualified presiding officer. No presiding officer shall hear a contested case if it is alleged and proved that good cause exists for the removal of the presiding officer assigned to the case. The party or representative requesting the change of presiding officer shall make the request in writing, and the request shall be filed and called to the attention of the presiding officer not less than two business days in advance of the hearing.

  (2) Duties of the presiding officer:

  (a) Based upon the notice of office action, objections thereto, if any, and the evidence presented at the hearing, the presiding officer shall determine the liability and responsibility, if any, of the parties.

  (b) The presiding officer conducting the hearing may:

  (i) regulate the course of hearing on all issues designated for hearing;

  (ii) receive and determine procedural requests, rule on offers of proof and evidentiary objections, receive relevant evidence, rule on the scope and extent of cross-examination, and hear argument and make determination of all questions of law necessary to the conduct of the hearing;

  (iii) request testimony under oath or affirmation administered by the presiding officer;

  (iv) upon motion, amend the notice of office action to conform to the evidence.

  (3) Rules of Evidence:

  (a) Discovery is prohibited, but the office may issue subpoenas or other orders to compel production of necessary evidence.

  (b) Any person who is a party to the proceedings may call witnesses and present such oral, documentary, and other evidence and comment on the issues and conduct such cross-examination of any witness as may be required for a full and true disclosure of all facts relevant to any issue designated for fact hearing and as may affect the disposition of any interest which permits the person participating to be a party.

  (c) Any evidence may be presented by affidavit rather than by oral testimony subject to the right of any party to call and examine or cross-examine the affiant.

  (d) All relevant evidence shall be admitted.

  (e) Official notice may be taken of all facts of which judicial notice may be taken in the courts of this state.

  (f) All parties shall have access to information contained in the office's files and to all materials and information gathered in the hearing, to the extent permitted by law.

  (g) Intervention is prohibited.

  (4) Rights of the parties: A party appearing before the presiding officer for the purpose of a hearing may be represented by a licensed attorney, or, after leave of the presiding officer, any other person designated to act as the party's representative for the purpose of the hearing. The office's supporting evidence for the office's claim shall be presented at a hearing before the presiding officer by a representative of the office. The supporting evidence may, at the office's discretion, be presented by a representative from the office of the Attorney General.