(a) Attendance at hearing.

1. (1) The hearing shall be attended by a representative of the county office in the county of residence of the accused individual or the county of residence of the individual's representative.
2. (2) The hearing may also be attended by friends and relatives upon request of the accused individual.
3. (3) If space limitations exist, the hearing officer has the authority to limit the number of persons in attendance at the hearing.

(b) Rights of the accused individual during the hearing. During the hearing, the accused individual has the right to:

1. (1) Examine the contents of his or her hearing file, which includes all documents and records to be used by the county office at the hearing;
2. (2) Bring witnesses to present testimony on his or her behalf during the hearing;
3. (3) Present his or her case or have it presented by legal counsel or other person;
4. (4) Advance arguments without undue interference;
5. (5) Question or refute any testimony or evidence including the opportunity to confront and cross examine adverse witnesses; and
6. (6) Submit evidence to establish all relevant facts and evidence in the case.

(c) Accused individual’s representative.

1. (1) The accused individual may designate in a signed statement the name of a representative to act on his or her behalf in viewing the hearing file and/or representing him or her at the hearing.
2. (2) This statement must be contained in the hearing file.
3. (3) The designated representative will receive a copy of all correspondence regarding the hearing proceedings.

(d) Role of the hearing officer. The hearing officer will:

1. (1) Administer the oath to all witnesses who will present testimony;
2. (2) Request, receive, and make part of the record all relevant evidence;
3. (3) Advise the accused individual of his or her right to refuse to answer questions during the hearing;
4. (4) Regulate the conduct and course of the hearing consistent with due process to ensure an orderly hearing; and
5. (5) Order medical assessments at Department of Human Services expense if necessary to establish intent or lack of intent on the part of the accused individual.