021.00.2-IX. Hearing Officer
AR ADC 021.00.2-IXArkansas Administrative CodeEffective: [See Text Amendments] to February 6, 2022
Effective: [See Text Amendments] to February 6, 2022
Ark. Admin. Code 021.00.2-IX
021.00.2-IX. Hearing Officer
Where convenient and appropriate, a hearing officer may be appointed to take testimony and prepare the record for the board's consideration. The hearing officer may conduct hearings at any place within the State of Arkansas. In the conduct of such hearings, the hearing officer shall preside and have the power and duties of a presiding official as set forth in SECTION X, D. The decision on the record made by the hearing officer shall be made by a majority of the members of the board.
In every case of adjudication, and in cases of rule-making, where rules are to be made after hearing, there shall be a hearing.
Any person compelled to appear before the board or a hearing officer shall have the right to counsel.
All members of the board present shall conduct themselves in an impartial manner, and the presiding official may withdraw if he/she deems himself/herself disqualified. Any party may file an affidavit of personal bias or disqualification, which shall be ruled upon by the board and granted if it is timely, sufficient, and filed in good faith.
Any other evidence, oral or documentary, not privileged, may be received if it is of a type commonly relied upon by reasonable, prudent individuals in the conduct of their affairs.
When a hearing can be so expedited (and the interests of the parties will not be prejudiced), any part of the evidence may be received in written form.
Parties shall have the right to conduct cross-examination as may be required for a full, true disclosure of the facts.
Official notice may be taken of judicially recognizable facts and of generally recognized technical or scientific facts, particularly within the board's specialized knowledge.
Credits
Amended Sept. 15, 2013.
Ark. Admin. Code 021.00.2-IX, AR ADC 021.00.2-IX
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