Ariz. Admin. Code § 6-6-2212

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

Section R6-6-2212 - Conduct of Hearing

A. Hearings shall be conducted in an orderly and dignified manner. All hearings shall be open to the public, but the hearing officer conducting a hearing may close the hearing to everyone other than the parties to the extent necessary to protect the interests and rights of the parties.

B. Hearings shall be opened, conducted and closed by the hearing officer who shall rule on the admissibility of evidence, and shall direct the order of proof. He shall have the power to administer oaths and affirmations, take depositions, certify official acts, and issue subpoenas to compel the attendance of witnesses and the production of any documents he deems necessary as evidence in connection with a hearing.

C. The hearing is a de novo proceeding. The Department has the initial burden of going forward with presentation of evidence.

D. Evidence not related to the issue shall not be allowed to become a part of the record.

E. The hearing officer may, on his own motion, or at the request of a party, exclude witnesses from the hearing room.

F. The case manager, supervisor, licensing worker, or other appropriate person may be designated Department spokesperson for the hearing. The Department spokesperson may testify and present written evidence on behalf of the Department.

G. The parties may present evidence, cross-examine witnesses and present arguments.

H. The parties to an appeal, with the consent of the hearing officer, may stipulate to facts involved in writing or on the record.

I. At the conclusion of a hearing, the parties shall be granted a reasonable opportunity to present argument on all issues of fact and law to be decided. The hearing officer shall afford the parties an opportunity to present oral argument or to file briefs, or both.

J. A full and complete record shall be kept of all proceedings in connection with an appeal. The record shall be open for inspection by the appellant or his representative at a place accessible to him. A transcript of the proceedings need not be made unless it is required for further proceedings.

Ariz. Admin. Code § R6-6-2212

Section R6-6-2212 recodified from R6-6-2012 at 9 A.A.R. 36, effective December 13, 2002 (Supp. 02-4).