(a)

1. (1) The hearing officer is responsible for conducting the hearing in accordance with the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., and all other applicable laws, including but not limited to the Arkansas Rules of Civil Procedure regarding any discovery.
2. (2) The duties of the hearing officer include maintaining the decorum of the hearing, and the hearing officer may refuse to admit or may expel anyone whose conduct is disorderly.

3. (3) He or she is also charged with:

   1. (A) Administering oaths or affirmations of witnesses;
   2. (B) Ruling on motions and objections; and
   3. (C) Admitting or denying evidence into the record.

(b)

1. (1) The hearing is a proceeding open to the public subject to state and federal confidentiality laws and rules.
2. (2) An appellant may waive his or her right to confidentiality but may not waive another’s right to confidentiality.

(c)

1. (1) The hearing shall be recorded by a State Highway Commission appointed court reporter.
2. (2) If the decision of the hearing office is appealed, the Arkansas Department of Transportation will prepare a transcript or cause a transcript to be prepared for filing in the circuit court as provided in Arkansas Code § 25-15-212.