Ariz. Admin. Code § 6-12-1005

Current through Register Vol. 30, No. 45, November 8, 2024

Section R6-12-1005 - Hearing Officer; Qualifications; Duties; Subpoenas

A. An impartial hearing officer in the Department's Office of Appeals shall conduct all hearings.

B. The hearing officer shall:

1. Administer oaths and affirmations;

2. Regulate and conduct the hearing in an orderly and dignified manner, which avoids undue repetition and affords due process to all participants;

3. Ensure that all relevant issues are considered;

4. Exclude irrelevant evidence from the record;

5. Request, receive, and incorporate into the record all relevant evidence;

6. Order, when relevant and useful to a resolution of the issue in a case, an independent medical assessment or professional evaluation from a source mutually satisfactory to the appellant and the Department;

7. Upon compliance with the requirements of subsection (C), subpoena witnesses or documents needed for the hearing;

8. Open, conduct, and close the hearing;

9. Rule on the admissibility of evidence at a hearing;

10. Direct the order of proof at the hearing;

11. For good cause shown, and upon the request of an interested party, or on the hearing officer's own motion, take such action as the hearing officer deems necessary to the proper disposition of an appeal, including, without limitation, the following:

a. Recuse or disqualify himself from the case;

b. Continue the hearing to a future time or date;

c. Prior to entry of a final decision, reopen the hearing to take additional evidence;

d. Deny or dismiss the appeal or request for hearing in accordance with the provisions of this Article;

e. Exclude non-party witnesses from the hearing room; and

12. Issue a written decision deciding the appeal.

C. Subpoenas.

1. A party who wishes to subpoena a witness, document, or other physical evidence shall make a written request which shall describe:

a. The case name and number;

b. The party requesting the subpoena;

c. The name and address of any person to be subpoenaed, with a description of the subject matter of the witness's anticipated testimony; and

d. A description of any documents or physical evidence to be subpoenaed, and the name and address of the custodian of the document or physical evidence.

2. The party requesting the subpoena shall make the request at least 5 work days before the scheduled hearing date.

3. The hearing officer shall deny the request if the witness's proposed testimony is not relevant to the issues in the hearing.

4. The Office of Appeals shall prepare all subpoenas and serve them by certified mail, return receipt requested.

D. An appellant may request a change in hearing officer if the appellant so requests at least 10 days prior to the hearing. The appellant is limited to 1 request.

Ariz. Admin. Code § R6-12-1005

Adopted effective November 9, 1995 (Supp. 95-4).