1. (1) The Board shall appoint an impartial ALJ to conduct any hearing provided under this rules. Previous involvement in the initial determination of the action precludes an ALJ from appointment.

2. (2) The ALJ shall maintain order and may recess the hearing to regain order if a person engages in disrespectful, disorderly or disruptive conduct. The ALJ may remove any person, including a participant, from the hearing to maintain order. If a person shows persistent disregard for order and procedure, the ALJ may:

   1. (a) restrict the person's participation in the hearing;
   2. (b) strike pleadings or evidence; or
   3. (c) issue an order of default.

KEY: adjudicative proceedings; appeals; hearings

Date of Last Change: June 9, 2025

Authorizing, and Implemented or Interpreted Law: 53D-1-701; 53D-1-702