Section 13.03 - Hearings Before the Board(a) The Executive Director shall serve notice on the petitioner or the respondent to a show cause order and any other interested parties fixing the time and place of the hearing and indicating the matters to be heard.(b) The petitioner or respondent and any other person made a party to the proceeding shall have the right to be represented by counsel and to present evidence and argument with respect to the matters in issue.(c) The burden of proof shall be upon the petitioner, or the respondent in the case of a show cause order.(d) Any person having a direct interest in the matters in issue in any proceeding may, upon written motion, be allowed to intervene and become a party of record.(e) The Board shall not be bound by the rules of evidence applicable in a court, but it may admit and give probative effect to any evidence which in the judgment of the Board possesses such probative value as would entitle it to be accepted by reasonably prudent persons in the conduct of their affairs. The Board, however, shall give effect to the rules of privilege recognized by law. The Board may exclude incompetent, irrelevant, immaterial and unduly repetitious evidence.(f) All evidence, including records and documents in the possession of the Board of which it desires to avail itself, shall be offered and made a part of the record, and no factual information shall be considered by the Board which is not made part of the record.(g) Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.(h) The Board may take notice of judicially cognizable facts and, in addition, may take notice of general or technical facts within its specialized knowledge.(i) The Board may cause subpoenas to be issued for such witnesses as any party may in good faith and for good cause shown request in writing.(j) The Executive Director shall arrange for the presence of a court reporter to transcribe any oral hearing. The per diem charge of such reporter shall be paid by the party requesting the hearing, or, in the case of a show cause order, by the Board. In its discretion, the Board may waive the presence of a reporter and use an electronic or similar recording device. At the direction of the Board, or at the request of any party, a transcription of the hearing shall be made, and the transcription shall be incorporated in the record, if made. The party requesting the transcription shall bear the cost thereof. If the Board elects to transcribe the proceedings, any party shall be provided copies thereof upon payment to the Board of a reasonable compensatory charge.(k) At the direction of the Board and by agreement of the parties, all or part of a hearing may be conducted by telephone, or other electronic means, if each party has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceeding while it is taking place.(l) Any member of the Board may hold hearings when authorized by the Board to do so, but any decision shall be made by a majority of the Board. Any member participating in the decision without being present for the hearing shall read the transcript of the proceedings and the entire record before the Board. Amended by Order filed and effective 3/29/2019; amended by Order filed and effective 4/26/2019; and as amended by order filed and effective 10/31/2023.