1. (1) The office shall conduct hearings in accordance with Section 63G-4-203 on a de novo basis.

2. (2)(a) The department shall appoint an impartial presiding officer to conduct hearings.

   1. (b) An officer involved in the initial determination of the action may not be appointed as the presiding officer.
3. (3) Any telephonic hearing shall be held at the discretion of the presiding officer.
4. (4) The department is not responsible for any travel costs incurred by the member in attending an in-person hearing.
5. (5) The presiding officer shall take testimony under oath or affirmation.

6. (6) Each party has the right to:

   1. (a) present evidence, argue, respond, conduct cross-examination, and submit rebuttal evidence;
   2. (b) introduce exhibits;
   3. (c) impeach any witness regardless of which party first called the witness to testify; and
   4. (d) rebut the evidence against the party.

7. (7)(a) Each party may admit any relevant evidence and use hearsay evidence to supplement or explain other evidence as may be required for full disclosure of all facts relevant to the disposition of the hearing.

   1. (b) Hearsay is not sufficient by itself to support a finding unless admissible over objection in a civil action.
   2. (c) The presiding officer shall give effect to the rules of privilege recognized by law and may exclude irrelevant, immaterial, and repetitious evidence.
8. (8) The presiding officer may question any party or witness.
9. (9) The presiding officer shall control the evidence to obtain full disclosure of the relevant facts and to safeguard the rights of each party. The presiding officer may determine the order in which the officer receives the evidence.

10. (10)(a) The presiding officer shall maintain order and may recess the hearing to regain order if a person engages in disrespectful, disorderly, or disruptive conduct.

    1. (b) The presiding officer may remove any person, including a participant from the hearing, to maintain order.

    2. (c) If a person shows persistent disregard for order and procedure, the presiding officer may:

       1. (i) restrict the person's participation in the hearing;
       2. (ii) strike pleadings or evidence; or
       3. (iii) issue an order of default.
11. (11) To employ a court reporter to make a record of the hearing, a party must file an original transcript of the hearing with the presiding officer at no cost to the agency.
12. (12) The party who initiates the hearing process through a request for agency action has the burden of proof as the moving party.
13. (13) When a party possesses but fails to introduce certain evidence, the presiding officer may infer that the evidence does not support the party's position.
14. (14) An AI bot, computer, or program may not appear, dictate, listen to, record, or summarize any adjudicative proceeding or hearing under this rule.

15. (15) If a party sends an AI bot, computer, or program to appear at a hearing instead of the party, the presiding officer:

    1. (a) shall consider this a failure to appear on the part of the party; and
    2. (b) may issue an order of default against the party under the relevant default provisions of Title 63G, Chapter 4, Administrative Procedures Act.

16. (16) A party shall mail a copy of any motion or pleading that the party files with the office to each of the other parties named in the action.

    1. (a) The non-moving party shall:

       1. (i) unless the office dictates otherwise, file any response to a motion or pleading filed with the office within ten calendar days; and
       2. (ii) mail a copy of that response to each of the other parties named in the action.
    2. (b) Any motion or pleading received by the office after the regular business hours of Monday through Friday, 8 a.m. to 5 p.m., excluding state holidays, is considered received the following business day.

KEY: Medicaid

Date of Last Change: September 19, 2025

Notice of Continuation: August 12, 2022

Authorizing, and Implemented or Interpreted Law: 26B-1-202(1); 26B-1-204; 63G-4-102