22.11.070 Conduct of Hearings

(a) The record of a Hearing before a Hearing Officer shall include:

(1) The record of the decision of the Chief Executive Officer of the agency;

(2) All notices in the matter given to interested persons and parties, together with evidence of timely receipt of such notices by parties;

(3) All pleadings, motions, and intermediate rulings;

(4) All evidence received or considered, including a transcript of oral proceedings when demanded by a party;

(5) A statement of matters officially noticed;

(6) Proposed findings and exceptions;

(7) All staff memoranda or date submitted to the Hearing Officer as evidence in connection with consideration of the case; and

(8) The final order of the Hearing Officer imposing a sanction or granting or denying relief. Costs of the transcription of oral proceedings shall be paid by the requesting party.

(b) A Hearing Officer may, within the scope of their power;

(1) Administer oaths and affirmations;

(2) Issue subpoenas as provided in this title;

(3) Rule of the relevancy, materiality and redundancy of evidence;

(4) Regulate the course of the hearing;

(5) Call conferences for the settlement or simplification of the issues by consent of the parties;

(6) Cause depositions to be taken on the Officer's own motion or at the request of a party; and

(7) Dispose of procedural requests or similar matters.

(c) The proponent of an order has the burden of proof. Any oral or documentary evidence may be received, but the Hearing Officer as a matter of policy, shall provide for the exclusion of irrelevant, immaterial or unduly repetitious evidence. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but is not sufficient in itself to support a finding unless it is admissible over objection under the Federal Rules of Evidence.

(d) A sanction may not be imposed or order issued except on consideration of the whole record of those parts thereof cited by a party and supported by and in accordance with the reliable, probative and substantial evidence. A party is entitled to conduct such cross-examination as may be required for a full and true disclosure of the facts.