24 CAR § 10-1010 – Staff determinations — Appeals — Hearings

(a) The hearing:
1. (1) Is an administrative hearing before the hearing officer; and
2. (2) Is not a hearing before the Board of Trustees of the Arkansas Teacher Retirement System.
(b)
1. (1) All hearings shall be conducted according to this subpart concerning the staff determination appeal process and the corresponding procedural provisions of the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.
2. (2) The hearing shall be informal and the formal rules of evidence shall not apply.
3. (3) In conducting a hearing:
  1. (A) The hearing officer shall not be bound by the formal rules of evidence; and
  2. (B) No informality in any proceedings or in the manner of taking of testimony shall invalidate any order or decision of the board.
(c) A member shall at all times have the right to counsel, provided that such counsel:
1. (1) Is duly licensed to practice law in the State of Arkansas; or
2. (2) Has been granted permission to appear pro hac vice by the hearing officer. (d)(1) All hearings shall be conducted in an orderly manner.
3. (2) The hearing officer shall have the authority to maintain the decorum of the hearing and may clear the hearing room of witnesses who are not under examination.
(e) If a member fails to appear at the hearing, the member waives his or her right to present evidence and arguments to the hearing officer and the hearing officer may proceed with the hearing and prepare a proposed order for the board’s consideration based on the evidence presented.
(f) The hearing officer shall have the authority to administer oaths and affirmations.
(g)
1. (1) Each party shall be entitled to examine and cross-examine witnesses, present evidence, make arguments, and generally participate in the conduct of the proceeding.
2. (2) The hearing officer may question a witness during any portion of the direct or cross-examination of the witness.
3. (3)
  1. (A) Before giving testimony, each witness shall swear or affirm that the testimony about to be given shall be the truth, the whole truth, and nothing but the truth.
  2. (B) All testimony considered by the hearing officer, except for matters officially noticed or entered by stipulation, shall be sworn testimony.
(h)
1. (1) The hearing officer may admit into the record any evidence that in his or her judgment:
  1. (A) Has a reasonable degree of probative value and trustworthiness; or
  2. (B) Is of a type or nature commonly relied upon by reasonably prudent people in the conduct of their affairs.
2. (2) The hearing officer may exclude evidence that is:
  1. (A) Irrelevant;
  2. (B) Immaterial; or
  3. (C) Unduly repetitious.
3. (3) Objections to evidentiary offers may be made and shall be noted of record.
4. (4) Documents received into evidence by the hearing officer shall be marked and filed as part of the record.
(i) Following the close of evidentiary submissions and witness testimony, the hearing officer may in his or her discretion allow summations and closing arguments by the parties.
(j)
1. (1) The Arkansas Teacher Retirement System shall arrange for a court reporter to attend and record all hearings.
2. (2)
  1. (A) The system shall pay the cost for preparing a transcript of the hearing.
  2. (B) Upon receiving the hearing transcript, the system shall promptly forward a copy of the transcript to the hearing officer and the member or, if applicable, the member’s counsel.