- (a) In cases of disorder or refusal to comply with the rules of the hearing, the presiding officer shall use reasonable means to control the hearing such as the actions set out below.
- (b) Parties, representatives, and witnesses shall not engage in bitter exchanges, vulgarities, or abuse or make offensive or insulting comments. When such an act is committed, the presiding officer shall admonish the offender reminding the offender that such behavior does not contribute to a fair hearing and impedes the orderly disposition of a proceeding.
- (c) If the offense is repeated and further admonition appears fruitless, the presiding officer shall exclude a disorderly person from the hearing.
- (d) A disorderly person shall not lose or have an administrative penalty assessed solely because of the person’s offensive conduct or the offensive conduct of the person’s representative or witness.
- (e) Notwithstanding (d) above, if a disorderly person's offensive conduct is so flagrant that it prevents the completion of the proceeding, the disorderly person shall be warned that their conduct shall result in a default judgment entered for the proceeding. The proceeding shall be reopened if such party submits their offer of proof or argument within 10 days in an orderly fashion.
Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Liq 200) #13992, eff 5-31-24