(a)

1. (1) The hearing will be conducted by a hearing officer from the Office of Appeals and Hearings of the Department of Human Services.
2. (2) No person having any part in making the decision being appealed may serve as the hearing official.

(b)

1. (1) The petitioner may be accompanied by friends or other individuals and may be represented by a:

   1. (A) Friend;
   2. (B) Attorney; or
   3. (C) Other designated representative.

2. (2) The Division of County Operations will be represented by either the:

   1. (A) Caseworker responsible for the case;
   2. (B) Division’s Program Eligibility Coordinator; or
   3. (C) Office of Chief Counsel of the Department of Human Services.

(c) The hearing officer may not review the case record or other material either prior to or at the hearing unless such material is made available to both the:

1. (1) Participant or his or her representative; and
2. (2) Agency representative.

(d)

1. (1) The hearing will be conducted in an informal but orderly manner and is recorded.
2. (2) The hearing official will explain the hearing procedure to the parties.
3. (3) The county statement will be read by the county representative.

(e)

1. (1) The proponent of an adverse action shall have the burden of proof.
2. (2) The party with the burden of proof will present his or her case first.

(f)

1. (1) When the petitioner presents his or her case, he or she may do so alone or with the aid of others.

2. (2) The petitioner or petitioner’s representative will be given the opportunity to:

   1. (A) Present witnesses;
   2. (B) Advance arguments;
   3. (C) Offer evidence; and
   4. (D) Question or refute any testimony or evidence.
3. (3) If the petitioner is unable to present evidence in an effective manner, the hearing official will assist as necessary to assure that the petitioner’s evidence is communicated on the record.

(g) When the division presents its case, it will be given the opportunity to:

1. (1) Present witnesses;
2. (2) Advance arguments;
3. (3) Offer evidence; and
4. (4) Question or refute any testimony or evidence.

(h)

1. (1)

   1. (A) Each party will be allowed to cross examine the other party and any witnesses.
   2. (B) Questioning of all parties will be confined to the issues involved.
   3. (C) Other eligibility factors may be reviewed when appropriate.

2. (2) When all relevant information has been obtained, the hearing official will issue a final order, which will include:

   1. (A) A finding of facts;
   2. (B) Conclusions of law; and
   3. (C) A decision.
3. (3) The final order will be mailed to the petitioner and a copy provided to the division.