(b)

1. (1) The notice shall include a:

   1. (A) Statement of the legal authority and jurisdiction under which the hearing is to be held; and
   2. (B) Short and plain statement of the matters of fact and law asserted.

2. (2) The respondent may:

   1. (A) Attend in person or by counsel; and
   2. (B) Have the right to representation by counsel in all matters related to the complaint.

(c)

1. (1) The respondent has the right to representation by counsel in all matters related to the complaint.
2. (2) The respondent may offer testimony and present tangible evidence in connection with the complaint.
3. (3) The complainant also has the right to attend the public hearing and be represented by counsel, but the complainant shall not be responsible for presenting any evidence.
4. (4) Such responsibility lies with staff of the board.

(e)

1. (1) Any attorney representing a respondent or complainant shall file a notice of appearance as soon as possible.
2. (2) Service on counsel of record is the equivalent of service on the person represented.

(f)

1. (1) Either the board, the Chair of the State Board of Election Commissioners, a board member designated by the chair, or a hearing officer designated by the board shall preside at the hearing.
2. (2) A member of the staff shall appear at the hearing to present evidence of the asserted violation of election or voter registration law by the respondent.

(g) Matters before the board for hearing that are similar in issues of fact or law or have identical parties may be consolidated if the board finds that consolidation:

1. (1) Would promote the just, speedy, and inexpensive resolution of the proceedings; and
2. (2) Would not unduly prejudice the rights of a respondent.

(h)

1. (1) All requests for relief must be made in writing by motion filed with the board stating the:

   1. (A) Action requested; and
   2. (B) Grounds relied upon.

2. (2) The presiding officer may:

   1. (A) Conduct hearings on the motion; and
   2. (B) Enter such orders as he or she deems necessary to address issues raised by the motion.
3. (3) However, the presiding officer will not issue dispositive orders.

(i)

1. (1) The presiding officer:

   1. (A) Presides at the hearing; and
   2. (B) May:

(i) Rule on motions;

1. (ii) Require briefs; and

   1. (iii) Issue such orders as will ensure the orderly conduct of the proceedings.
2. (2) A presiding officer shall not enter a dispositive order.

(j)

1. (1) The respondent has the right to participate or to be represented by counsel in all hearings or prehearing conferences related to the case.

2. (2) The respondent or respondent’s counsel:

   1. (A) Has the right to:

      1. (i) Introduce evidence of material fact;
      2. (ii) Cross-examine witnesses as necessary for a full and true disclosure of the facts; and
      3. (iii) Present evidence in rebuttal; and

   2. (B) Upon request by the presiding officer, may:

      1. (i) Submit briefs; and
      2. (ii) Engage in oral argument.

(k) The hearing will be conducted in the following manner:

1. (1) The hearing officer will give an opening statement briefly describing the nature of the proceedings;
2. (2) The staff and respondent will be given the opportunity to present opening statements;
3. (3) The staff and the respondent will present their cases in the sequence decided by the presiding officer;

4. (4) Each witness must be:

   1. (A) Sworn or affirmed by the presiding officer or the court reporter; and
   2. (B) Subject to examination or cross-examination and questioning by the board;
5. (5) The presiding officer may limit questioning in a manner consistent with the law; and

6. (6) At the close of evidence, staff and respondent may present final arguments.

   1. (l) The presiding officer:
7. (1) Shall rule on the admissibility of evidence; and

8. (2) May, when appropriate, take official notice of facts in accordance with applicable laws.

   1. (m) Stipulation of facts is encouraged, and the board may decide the issue or issues based on stipulated facts.

(n)

1. (1) Evidence in the proceeding must be confined to the issues set forth in the notice of the hearing sent to the respondent unless the:

   1. (A) Respondent and staff waive the right to such notice; or
   2. (B) Presiding officer determines that good cause justifies expansion of the issues.
2. (2) Either the respondent or staff may be granted a continuance to allow for time to prepare for any additional issues.

(o)

1. (1) When the respondent and staff seek admission of an exhibit, nine (9) copies of the exhibit must be provided.
2. (2) Each party must be allowed to examine the exhibit prior to the ruling on its admission.

3. (3) All exhibits admitted into evidence must be:

   1. (A) Marked; and
   2. (B) Entered into the record.

(p)

1. (1) The respondent or staff may:

   1. (A) Object to specific evidence; or
   2. (B) Request limits on the scope of the examination or cross-examination of a witness.
2. (2) The objection, the ruling on the objection, and the reasons for the ruling will be noted in the record.

3. (3) The presiding officer may:

   1. (A) Rule on the objection at the time it is made; or
   2. (B) Reserve the ruling until the written decision.

(q)

1. (1) Whenever evidence is ruled inadmissible, the party offering that evidence may submit an offer of proof on the record.

2. (2) The party making the offer of proof for excluded oral testimony will:

   1. (A) Briefly summarize the testimony; or
   2. (B) With permission of the presiding officer, present the testimony.

3. (3) If the excluded evidence consists of a document or exhibit, it shall be:

   1. (A) Marked as part of an offer of proof; and
   2. (B) Included in the record.

(r)

1. (1) Irrelevant, immaterial, and unduly repetitive evidence will be excluded.
2. (2) Any other oral or documentary evidence not privileged may be received if it is of a type commonly relied upon by reasonably prudent men and women in the conduct of their affairs.

(s)

1. (1) The board shall be responsible for recording the testimony heard at the hearing.
2. (2) Upon filing a petition for judicial review, the board will provide a verbatim transcript of testimony taken before the agency.

(t)

1. (1) The decision of the board shall be reduced to a final order adopted by the board containing written findings of fact and conclusions of law stated separately.

2. (2) Findings of fact shall be based exclusively on:

   1. (A) The evidence; and
   2. (B) Matters officially noticed.
3. (3) A copy of the final order shall be served on the respondent along with any order by the board.
4. (4) The board shall also provide a copy of the findings and order to the complainant.