Current through Register Vol. XLI, No. 40, October 4, 2024
Section 85-28-7 - Parties and Conduct of Hearings7.1. At the initial scheduling/status conference, the hearing officer shall enter an Order establishing the following:2. The specific issues to be addressed;3. The amount of contested overpayment;4. Discovery cutoff, if discovery is requested by either party and deemed necessary by the hearing officer; and5. Deadline for disclosure of all witnesses and documents to be offered by either party7.2. At the time of the hearing, an opportunity shall be afforded to all parties to present relevant evidence. Testimony may be restricted if it appears that it is cumulative in nature, or if it is not relevant to the issues in dispute. Character evidence will not be admissible, as it does not pertain to the relevant issues at hand. Closing arguments shall be restricted to a brief presentation in written form. All of the testimony and evidence at the hearing shall be reported by stenographic notes and characters or by mechanical means. All rulings on the admissibility of testimony and evidence shall also be reported. All reported testimony and evidence at a hearing shall be transcribed, and a copy thereof furnished to the party upon its request.7.3. All hearings shall be conducted in an informal and impartial manner. The hearing officer shall have the power to administer oaths and affirmations, certify official acts, take depositions, rule upon offers of proof, and receive relevant evidence, regulate the course of the hearing, hold conferences for the settlement or simplification of the issues, dispose of procedural requests, motions or similar matters, and take other such actions as are authorized by this rule.7.4. Every party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence.7.5. All witnesses who testify during a hearing shall first be subject to oath or affirmation, and any testimony submitted by deposition shall show on the face thereof that the witness was so qualified. Any transcript shall become part of the official record and relied upon for final decision.7.6. The hearing officer may take notice of judicially cognizable facts. All parties shall be notified either before or during the hearing, or by reference on preliminary reports or otherwise, or the material to be noticed, and they shall be afforded an opportunity to contest the facts so noticed.