- (a) Any party to a hearing may submit a written proffer of evidence for the purpose of preserving any issue for appeal.
(b) A proffer of evidence shall contain:
- (1) A statement of the evidence and testimony that would have been presented had the hearing officer allowed its admission; and
- (2) A statement signed by the party or the party’s representative asserting that the contents of the proffer are truthful and that the evidence was offered in good faith.
(c)
- (1) Any proffer of evidence must be received by the hearing officer prior to the issuance of the final order in the hearing.
- (2) Any proffer of evidence not received prior to the issuance of the final order in the hearing will not be made part of the hearing record.