Ariz. Admin. Code § 6-8-113

Current through Register Vol. 30, No. 45, November 8, 2024

Section R6-8-113 - 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 other than 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. The hearing officer 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 deemed necessary as evidence in connection with a hearing.

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

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

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

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

G. At the conclusion of the 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.

H. 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 parties. A transcript of the proceedings need not be made unless it is required for further proceedings,

Ariz. Admin. Code § R6-8-113

Adopted effective August 9, 1993 (Supp. 93-3).