Ariz. Admin. Code § 6-5-7509

Current through Register Vol. 30, No. 50, December 13, 2024

Section R6-5-7509 - Hearing Officer: Duties and Qualifications

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

B. The hearing officer shall:

1. Administer oaths and affirmations;

2. Regulate and conduct hearings in an orderly and dignified manner that avoids unnecessary 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, relevant evidence;

6. Upon compliance with the requirements of R6-5-7511, subpoena witnesses or documents needed for the hearing;

7. Open, conduct, and close the hearing;

8. Rule on the admissibility of evidence offered at the hearing;

9. Direct the order of proof at the hearing;

10. Upon the request of a party, or on the hearing officer's own motion, and for good cause shown, take action the hearing officer deems necessary for the proper disposition of an appeal, including the following:

a. Disqualify himself or herself from the case;

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

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

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

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

11. Issue a written decision resolving the appeal.

Ariz. Admin. Code § R6-5-7509

Adopted effective June 4, 1998 (Supp. 98-2).