(a)
- (1) The conduct of any hearing for an adjudicative proceeding under this part shall follow the provisions of Arkansas Code §§ 23-61-301 – 23-61-306 and any of the requirements described in Arkansas Code § 25-15-208 of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
(2)
- (A) The Arkansas Rules of Evidence do not apply to the admission or rejection of evidence submitted in the proceeding.
- (B) However, the hearing officer may loosely apply such standards in the proceeding.
- (3) The hearing officer may admit or deny oral or documentary evidence on the basis of whether the information is relevant to the allegations or defenses raised or alleged.
- (b) The Insurance Commissioner, or his or her appointed hearing officer, may temporarily close an administrative hearing from the public subject to Arkansas Code § 23-61-305(a).
- (c) The appointed hearing officer may sequester witnesses for good cause upon request of any party in the adjudicative proceeding.
(d)
- (1) The appointed hearing officer has full power to maintain order, decorum, and organization of the proceeding, to make rulings on the admission or rejection of evidence, to require adherence to his or her rulings as to all parties, witnesses, or to the public in attendance, as well as other powers described in Arkansas Code § 25-15-213(3)(A).
(2) These powers include:
- (A) To issue subpoenas if the agency is authorized by law to issue them;
- (B) To administer oaths and affirmations;
- (C) To maintain order;
- (D) To rule upon all questions arising during the course of a hearing or proceeding;
- (E) To permit discovery by deposition or otherwise;
- (F) To hold conferences for the settlement or simplification of issues;
- (G) To make or recommend decisions; and
- (H) Generally, to regulate and guide the course of the pending proceeding.
- (e) The appointed hearing officer may issue preliminary rulings and orders during the course of an administrative proceeding, governing the administration of the proceeding, prior to a final order, without such orders requiring ratification or approval by the commissioner under 23 CAR § 43-210.