Current through Register Vol. 48, No. 1, January 10, 2025
Section R-24-109-202-03 - Hearing by the Executive Director(a) An aggrieved party bringing an appeal may request in writing that the executive director or his or her designee conduct a hearing on the appeal.(b) If a hearing is requested, the executive director or his or her designee shall send a written notice of the time and place of the hearing to all parties and the attorney general. Such notice shall be sent by certified mail, return receipt requested.(c) Hearings shall be as informal as possible under the circumstances. The weight to be attached to any evidence presented shall be within the discretion of the executive director or his or her designee. Stipulations of fact agreed upon by the parties may be used as evidence at the hearing. The executive director or his or her designee may request evidence in addition to that presented by the parties. A hearing may be recorded but need not be transcribed except at the request and expense of the aggrieved party. A record of those present, identification of any written evidence presented, copies of all written statements, and a summary of the hearing shall be sufficient record. The executive director or his or her designee may:(i) hold informal conferences with one or both of the parties to settle, simplify, or fix the issue or to consider other matters that may aid in an expeditious disposition of the appeal;(ii) require parties to state their position with respect to the various issues;(iii) require parties to produce for examination those relevant witnesses and documents under their control;(iv) regulate the course of the hearing and conduct of participants;(v) receive, rule on, exclude, or limit evidence and limit lines of questioning or testimony which are irrelevant, immaterial, or unduly repetitious; and(vi) request and set time limitation for submission of briefs.38 CR 15, August 10, 2015, effective 8/31/201541 CR 17, September 10, 2018, effective 10/1/201846 CR 11, June 10, 2023, effective 7/1/2023