1. (1) Hearings are closed to the public.
2. (2) An applicant or client may be represented at the hearing. The applicant or client may also invite friends or relatives to attend as space permits.
3. (3) Representatives from the Department or other state agencies may be present.
4. (4) Hearings will be conducted informally and in such manner as to protect the rights of the parties. The hearing may be recorded.
5. (5) Issues relevant to the appeal will be considered and decided upon.
6. (6) The decision of the ALJ will be based solely on the testimony and evidence presented at the hearing.
7. (7) Parties may testify, present evidence, or comment on the issues.
8. (8) Testimony of the parties and witnesses will be given under oath or affirmation.
9. (9) Any party to a hearing will be given an adequate opportunity to be heard and present any pertinent evidence of probative value and to know and rebut by cross-examination or otherwise any other evidence submitted.
10. (10) The ALJ will direct the order of testimony and rule on the admissibility of evidence.
11. (11) Oral or written evidence, whether or not conforming to the legal rules of evidence such as hearsay, may be accepted and will be given its proper weight.
12. (12) Official records of the Department, including reports submitted in connection with any program administered by the Department or other state agency, may be admitted as evidence.
13. (13) The ALJ may request the presentation of and may admit such additional evidence as the ALJ deems necessary.
14. (14) The parties, with consent of the ALJ, may stipulate to the facts involved. The ALJ may decide the issues on the basis of stipulated facts or may set the matter for hearing and take further evidence as deemed necessary to determine the issues.
15. (15) The ALJ may require portions of the evidence be transcribed as necessary for issuing a decision.
16. (16) Unless the applicant or client requests a continuance, the decision of the ALJ will be issued within 60 days of the date on which the applicant or client requests a hearing.
17. (17) A decision of the ALJ which results in a reversal of the Department decision shall be complied without unnecessary delay and according to standard of provision of services procedures.

KEY: administrative procedures, complaint procedures

Date of Last Change: October 18, 2022

Notice of Continuation: September 16, 2021

Authorizing, and Implemented or Interpreted Law: 35A-1-303; 35A-13-102; 35A-1-104