R849-1-11. The Informal Hearing

  (1) Unless otherwise provided in this section, informal hearings shall be conducted in accordance with Section 63G-4-202 and 203.

  (2) As set forth in R849-1-7, all request for hearings/agency action shall be set for initial hearing within 30 days, only after at least 10-day notice of all parties.

  (3) The Office shall notify the respondent and Office representative of the date, time and place of the hearing at least ten days in advance of the hearing. Continuances of scheduled hearings are not favored, but may be granted by the president officer for good cause shown. Failure by a respondent to appear at the hearing after notice has been given shall be grounds for default and shall waive both the right to contest the allegations and the right to the hearing.

  (4) The respondent named in the notice of agency action and the Office shall be permitted to testify, present evidence, and comment on the issues. Formal rules of evidence shall not apply.

  (5) Testimony may be taken under oath at the ALJ's discretion.

  (6) All hearings are open to all parties.

  (7) Discovery is prohibited; informal disclosures will be ruled on at the pre-hearing conference.

  (8) Subpoenas and orders to secure the attendance of witnesses or the production of evidence shall be issued by the ALJ when requested by a respondent or the Office, or may be issued by the ALJ on his/her own motion.

  (9) A respondent shall have access to relevant information contained in the Office's files and to material gathered in the investigation of respondent to the extent permitted by law.

  (10) The ALJ may cause an official record of the hearing to be made, at the Office's expense.

  (11) Disposition of the ALJ's Order:

  (a) Within a reasonable time after the close of the informal proceeding, the ALJ shall issue a signed order in writing that includes the following: the decision, the reasons for the decision, the Order, a notice of any right to administrative or judicial review of the order available to aggrieved parties and the time limits applicable to any reconsideration or review.

  (b) The order shall be based on the facts appearing in the Office's files and on the facts presented in evidence at the informal hearing.

  (c) A copy of the ALJ order shall be promptly mailed to each party.