|
Hearings are open to public observation. To the
extent that a hearing is conducted by telephone or
other electronic means, the availability of public
observation is satisfied by giving members of the
public an opportunity to hear or inspect the
agency's record. The hearing officer's authority
includes, but shall not be limited to, the authority
to:
(1) Determine the order of presentation of
evidence;
(2) Administer oaths and affirmations;
(3) Issue subpoenas pursuant to
RCW
46.20.308(8);
(4) Rule on procedural matters, objections, and
motions;
(5) Rule on offers of proof and receive
relevant evidence;
(6) Order the exclusion of witnesses upon a
showing of good cause;
(7) Afford the petitioner the opportunity to
respond, present evidence, conduct
cross-examination, and submit rebuttal evidence. The
hearing officer may question witnesses to develop
any facts deemed necessary to fairly and adequately
decide the matter;
(8) Call additional witnesses and request
additional exhibits deemed necessary to complete the
record and receive such evidence subject to full
opportunity for cross-examination and rebuttal by
the petitioner;
(9) Examine the official records of the
department;
(10) Regulate the course of the hearing and
take any appropriate action necessary to maintain
order during the hearing;
(11) Permit or require oral argument or briefs
and determine the time limits for submission
thereof;
(12) Issue an order of default;
(13) Recess the hearing to a later time to
accommodate scheduling conflicts. Hearings are
ordinarily scheduled to be one hour in length;
(14) Take any other action necessary and
authorized by any applicable statute or rule; and
(15) Waive any requirement of these rules
unless petitioner shows that he or she would be
prejudiced by such a waiver. |
