1. A. An impartial hearing officer in the Office of Appeals shall conduct all hearings.

2. B. The hearing officer shall:

   1. 1. Administer oaths and affirmations;
   2. 2. Regulate and conduct hearings in an orderly and dignified manner that avoids unnecessary repetition and affords due process to all participants;
   3. 3. Ensure consideration of all relevant issues;
   4. 4. Exclude evidence that is not competent, relevant, or material, or that is unduly repetitious from the record;
   5. 5. Request, receive, and incorporate relevant evidence into the record;
   6. 6. Subpoena witnesses or documents needed for the hearing upon compliance with the requirements of R6-13-151;
   7. 7. Open, conduct, and close the hearing;
   8. 8. Rule on the admissibility of evidence offered at the hearing;
   9. 9. Direct the order of proof at the hearing;

   10. 10. Upon the request of a party, or on the hearing officer’s own motion, and for good cause shown, take action the hearing officer deems necessary for the proper disposition of an appeal, including the following:

       1. a. Disqualify himself or herself from the case,
       2. b. Continue the hearing to a future date or time,
       3. c. Reopen the hearing to take additional evidence prior to the entry of a final decision,
       4. d. Deny or dismiss an appeal or request for hearing in accordance with the provisions of this Article,
       5. e. Exclude nonparty witnesses from the hearing room; and
   11. 11. Issue a written decision resolving the appeal.

Historical Note

New Section made by final rulemaking at 18 A.A.R. 1175, effective June 30, 2012 (Supp. 12-2).