1. (a)

   1. (1) Any party may appear at the hearing and be heard through:

      1. (A) An attorney at law; or
      2. (B) A designated representative.
   2. (2) All persons appearing before the Long-Term Care Facility Advisory Board [abolished] shall conform to the standards of conduct practiced by attorneys before the courts of the state.

2. (b) Each party shall have the right to:

   1. (1) Call and examine parties and witnesses;
   2. (2) Introduce exhibits;
   3. (3) Question opposing witnesses and parties on any matter relevant to the issue;
   4. (4) Impeach any witness regardless of which party first called him or her to testify; and
   5. (5) Rebut the evidence against him or her.
3. (c) Testimony shall be taken only on oath or affirmation under penalty of perjury.

4. (d)

   1. (1) Irrelevant, immaterial, and unduly repetitious evidence shall be excluded.
   2. (2) Any other oral or documentary evidence, not privileged, may be received if it is of a type commonly relied upon by reasonably prudent men or women in the conduct of their affairs.

   3. (3) Objections to evidentiary offers:

      1. (A) May be made; and
      2. (B) Shall be noted of record.
   4. (4) When a hearing will be expedited, and the interests of the parties will not be substantially prejudiced, any part of the evidence may be received in written form.

5. (e)

   1. (1) The Chair of the Long-Term Care Facility Advisory Board [abolished] or hearing officer shall control the taking of evidence in a manner best suited to:

      1. (A) Ascertain the facts; and
      2. (B) Safeguard the rights of the parties.
   2. (2) The Office of Long-Term Care shall present its case first.
6. (f) A party shall arrange for the presence of his or her witnesses at the hearing.
7. (g) Any member of the board [abolished] may question any party or witness.

8. (h)

   1. (1) A complete record of the proceedings shall be made.
   2. (2) A copy of the record may be transcribed and reproduced at the request of a party to the hearing provided he or she bears the cost thereof.
9. (i) Written notice of the time and place of a continued or further hearing shall be given, except that when a continuance or further hearing is ordered during a hearing, oral notice of the time and place of the hearing may be given to each party present at the hearing.
10. (j) In addition to this part the hearing provisions of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., shall apply.

Codification Notes: Long-Term Care Facility Advisory Board was abolished by Acts 2017, No. 540, § 39.