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. |
