Chapter 360-24 HEARINGS
The agency shall notify all parties of the date, time
and place of the hearing.
(1) |
The hearing shall be conducted
by the board or an administrative law judge (ALJ) appointed by Office
of State Administrative Hearings (OSAH). |
(2) |
Duties of the Presiding
Officer. The board shall have the 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 board. |
(3) |
Sworn Testimony. All testimony
given at the hearing shall be under oath administered by the
board. |
(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 board. 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. |