Chapter 480-45 HEARINGS
For a hearing held directly before the Board, the Board shall
notify all parties of record of the date, time and place of the hearing in the
manner as provided by law and these Rules.
| (1) |
The hearing shall be conducted by the Board or an administrative law judge
(ALJ) appointed by the Office of State Administrative Hearings
(OSAH). |
| (2) |
Duties of the Board or
its designee. The Board or its designee 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 Board or its designee. |
| (3) |
Sworn Testimony. All testimony given at
the hearing shall be under oath administered by the Board or any person
designated 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. |
