021.00.2-IX. Hearing Officer

AR ADC 021.00.2-IXArkansas Administrative CodeEffective: [See Text Amendments] to February 6, 2022

West's Arkansas Administrative Code
Title 021. Board of Architects
Division 00.
Rule 2. Rules and Procedure
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.
A. Hearing
In every case of adjudication, and in cases of rule-making, where rules are to be made after hearing, there shall be a hearing.
B. Right of Counsel
Any person compelled to appear before the board or a hearing officer shall have the right to counsel.
C. Impartiality
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.
D. Power and Duties of Presiding Official
1. Administer oaths and affirmations
2. Maintain order
3. Rule on all questions arising during the course of the hearing
4. Hold conferences for the settlement or simplification of the issues
5. Make or recommend decisions
6. Regulate and guide the general course of proceedings
E. Burden of Proof
The proponent of a rule or order shall have burden of proof.
F. Evidence Excluded
Irrelevant, immaterial, and unduly repetitious evidence shall be excluded.
G. Evidence Admitted
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.
H. Objections
Objections to evidence may be made and shall be noted in the record.
I. Evidence May Be Written
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.
J. Cross Examination
Parties shall have the right to conduct cross-examination as may be required for a full, true disclosure of the facts.
K. Official Notice
Official notice may be taken of judicially recognizable facts and of generally recognized technical or scientific facts, particularly within the board's specialized knowledge.
1. Parties shall be notified of material so noticed (including any staff memoranda or data).
2. Parties shall be afforded a reasonable opportunity to show the contrary.

Credits

Amended Sept. 15, 2013.
Ark. Admin. Code 021.00.2-IX, AR ADC 021.00.2-IX
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