1. (a) Unless otherwise agreed at a prehearing conference, the appealing party shall be responsible for compiling all documentary evidence to be considered by the compensation appeals board. This compilation shall be indexed, tabbed, and paginated. The final compilation shall be submitted in triplicate with the compensation appeals board at the time of the hearing.
2. (b) The compensation appeals board shall waive (a) above upon finding that a party cannot reasonably comply due to a lack of financial or technical resources.
3. (c) Any evidence whose admissibility is in dispute may be submitted separately from the submission as required by (a) above, pending ruling on any objections.
4. (d) All medical evidence shall be furnished to the opposing parties 5 business days before the hearing date. A list of all non-medical witnesses and evidence shall be furnished to the opposing parties 2 business days prior to the hearing date.
5. (e) The panel shall, upon objection of any party, prohibit introduction of evidence or submissions that were not disclosed prior to the hearing upon a finding that the objecting party would be prejudiced by the admission.
6. (f) Unless waived by the parties, an audio recording of the hearing shall be made by the panel and the recording shall be maintained by the compensation appeals board for a period of one year following the order or ruling of the panel on the issues presented. Copies of audio recordings shall be available for a fee to cover the cost of the audio recording within one year after the appeal hearing decision is issued. If transcriptions are made of hearing testimony and used for any purpose in any proceeding, a copy of such transcription shall be furnished to all parties of record. Any party may have a stenographer present at a hearing, so long as that party bears the cost.
7. (g) The panel, on the request of a party, shall sequester witnesses until they are called to testify. However, a witness shall be sequestered, as appropriate, only if one individual from each party remains present in the hearing room throughout the process to ensure neither side is placed at an unfair advantage.
8. (h) Testimony of witnesses shall begin with the administration of oaths or affirmations. The chair shall, at the outset of the hearing, record the place, time, date, and issues of the hearing together with the names of those parties making an appearance.
9. (i) The chair of the panel is charged with regulating the course of the hearing and may accept offers of proof together with all relevant evidence. The chair shall conduct the hearing in such a manner as to best safeguard the rights of the parties. The chair shall rule on all matters of evidence and procedure relative to the conduct of the hearing. The chair shall not be bound by formal rules of evidence. Any probative and relevant evidence shall be received by the chair during the course of the hearing. The chair shall exclude evidence on the basis that it is irrelevant, immaterial, or unduly repetitious.
10. (j) Each party shall have the opportunity to present a closing statement at the conclusion of the hearing. The insurance carrier or employer shall make such closing statement first. In the event that the hearing has exceeded its allotted time, the panel shall require written closing statements to be submitted in triplicate within 7 calendar days of the hearing date.
11. (k) A determination shall be made by the panel on the basis of evidence presented at the hearing and the panel shall not consider ex parte information, regardless of its source. If the submission of additional documentation is required or allowed by the chair, copies of all such documents shall be provided within the timeframe allowed by the chair with copies to all opposing parties. The non-producing parties shall be afforded 10 calendar days to object and comment upon such submission prior to the issuance of any order or ruling by the panel.

Source. #8922-A, eff 7-1-07; ss by #14534, eff 3-12-26