(a)
(1) The hearing officer presides at the hearing and may:
- (A) Rule on motions;
- (B) Require briefs; and
- (C) Issue such orders as will ensure the orderly conduct of the proceedings.
- (2) Provided, however, any hearing officer other than the Arkansas State Police Commission shall not enter a dispositive order or proposed decision unless expressly authorized in writing to do so.
- (b) All objections must be made in a timely manner and stated on the record.
- (c) Parties have the right to participate or to be represented by counsel in all hearings or prehearing conferences related to their case.
(d) Subject to terms and conditions prescribed by the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., parties:
- (1) Have the right to introduce evidence on issues of material fact;
- (2) Cross-examine witnesses as necessary for a full and true disclosure of the facts;
- (3) Present evidence in rebuttal; and
- (4) Upon request by the commission, may submit briefs and engage in oral argument.
- (e) The hearing officer is charged with maintaining the decorum of the hearing and may refuse to admit or may expel anyone whose conduct is disorderly.
(f)
- (1) The standard of review before the commission shall be de novo.
- (2) The Director of the Division of Arkansas State Police shall prove the basis for disciplinary action by a preponderance of the evidence.