The Department can present its case or can request the assistance of a Department attorney. The Department shall:
- (A) submit all evidence on which any decision at issue is based at the hearing;
- (B) designate a representative to represent the Department at the hearing and arrange for adequate space for the hearing;
- (C) resent witnesses when appropriate and subpoena witnesses upon request to DOH;
- (D) ensure that the case record is available at the hearing and that the appellant has adequate opportunity to examine it prior to and during the hearing;
- (E) introduce evidence from the case record and other pertinent Department documents which pertain to the issues raised during the hearing;
- (F) present and establish all relevant facts and circumstances by oral testimony and documentary evidence;
- (G) have the right to make pertinent arguments without undue interference;
- (H) have the right to question and refute any testimony and confront and cross-examine adverse witnesses; and
- (I) arrange for the appearance at the hearing of a representative of other programs, if appropriate.