Chapter 295-11 HEARINGS
The agency shall notify all parties of the date, time
and place of the hearing.
| (1) |
Presiding Officer. The hearing
shall be conducted by the presiding officer, who shall be a duly
appointed hearing officer, the chairman or president of the agency,
or a member of the agency appointed by the agency or the chairman or
president thereof to conduct the hearing. |
| (2) |
Duties of the Presiding
Officer. The presiding officer shall have the authority to do the
following: to administer oaths and affirmations; rule upon offers of
proofs; regulate the course of the hearing; set the time and place
for continued hearings; fix the time for filing briefs and memoranda;
dispose of motions; and reprimand or exclude from the hearing any
person for any indecorous or improper conduct committed in the
presence of the presiding officer. |
| (3) |
Sworn Testimony. All testimony
given at the hearing shall be under oath administered by the
presiding officer or any person designated by him. |
| (4) |
Order of Presentation. The
State, or in a proper case a moving or complaining party, shall
present its evidence or testimony first. Where there is more than one
moving or complaining party, the order of presentation shall be at
the discretion of the presiding officer. After all of the evidence
and testimony of the State, or the moving or complaining party, has
been received, all other parties shall be allowed to present their
evidence or testimony. All parties, other than the party introducing
the testimony, shall be allowed to cross-examine any witness
immediately after his testimony has been received. The State, or the
moving or complaining party, shall be allowed to present rebuttal
testimony or evidence if it so desires. |
The agency or the Chairman or president of the agency
may appoint a hearing officer to act as the presiding officer in the
proceeding.
