Section 15.02.30.190 - FULL EVIDENTIARY HEARING01.Request. The Commission shall provide a vendor an opportunity for a full evidentiary hearing. The vendor or the vendor's designated representative may request a full evidentiary hearing following the receipt of an unfavorable decision issued by the Administrator pursuant to Subsection 180.03 of these rules. The written request shall be delivered to the Administrator, with a copy to the Committee chair, within fifteen (15) calendar days of the aggrieved party's receipt of the Administrator's decision.02.Suspension. If the conduct of the vendor places the facility or permit in jeopardy, the Supervisor may suspend or terminate the agreement or contract pending the decision of the full evidentiary hearing.03.Time and Place of Hearing. The evidentiary hearing shall be held in the Commission headquarters at a mutually convenient time.04.Time Limit. The hearing procedure shall be limited to ninety (90) calendar days, beginning on the date the request for hearing is filed by the vendor. The time limit may be extended due to illness of the vendor or delay in obtaining evidence because of circumstances beyond the control of the vendor or the Program.05.Hearing Officer. The Administrator shall appoint a hearing officer to conduct the evidentiary hearing and issue a report.06.Hearing Notice. A notice of the hearing date shall be provided to the vendor at least twenty-one (21) calendar days prior to the date set for the hearing.07.Legal Counsel. The vendor may arrange to have legal counsel or other representation. Such counsel shall be at the expense of the vendor.08.Evidence. The hearing officer shall make a reasonable effort to obtain the most credible evidence of fact in the case, and the rules of evidence do not apply.09.Conduct of Hearing. Each party shall be given an opportunity to present its case, examine and cross-examine witnesses, present argument, and rebut evidence.10.Transcripts. A transcript of the proceedings shall be made available to the parties upon request. The Program shall pay all transcript costs associated with the conduct of the hearing.11.Report of Facts, Findings, Conclusion, and Recommended Decision. a. The hearing officer shall submit a report to the Administrator within twenty-one (21) calendar days after the hearing. This report shall include: the issues and relevant facts adduced at the hearing; applicable provisions of law, rules, and Commission policy; findings of fact and conclusions of law with respect to issues; and the reasons and basis thereof.b. The report shall also set forth any action necessary to resolve the issue and a recommended decision.12.Service of Report. The report shall be served on the Administrator and all parties to the hearing.13.Written Comments, Arguments, and Exceptions. Parties to the hearing may, within fifteen (15) calendar days of the date the report was received in the Administrator's office, file written comments, arguments, and exceptions to the report with the Administrator. Comments, arguments, and exceptions received in a timely fashion become a part of the record and shall be considered by the Administrator in making a final decision.14.Exclusive Record for Decision. The transcript of testimony, exhibits, and all papers and documents filed shall constitute an exclusive record for decision.15.Decision. The final decision of the Administrator shall be mailed to the vendor within thirty (30) days of receipt of the hearing officer's report.Idaho Admin. Code r. 15.02.30.190