§ 275.26. Conducting the hearing.
An impartial hearing officer will conduct the hearing. The hearing officer will do the following:
(1) Administer oaths and affirmations.
(2) Advise the parties that this is an administrative hearing.
(3) Advise the individual of the right to remain silent when asked a question during the hearing.
(4) Ensure that relevant issues are considered.
(5) Mark and admit relevant exhibits into evidence.
(6) Conduct an orderly hearing and ensure that the parties’ due process rights are protected.
(7) Obtain, at the Department’s expense, medical assessments when determined necessary by the hearing officer and admit the assessments into the record.
(8) Provide a hearing record and recommend the final hearing decision to the Director.
(9) Ensure that the individual or the individual’s representative is given adequate time to be present for the telephone or face-to-face hearing.
(i) For a telephone hearing, the hearing officer will make, at minimum, three attempts to contact the individual or the individual’s representative in the 20-minute period following the scheduled time of the hearing before conducting the hearing without the individual or the individual’s representative being present.
(ii) For a face-to-face hearing, the hearing officer will delay the hearing 20 minutes from the scheduled time of the hearing before conducting the hearing without the individual or the individual’s representative being present for the hearing.
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