10.36.03.05 Conduct of the Hearing Flashcards
What are the duties of the presiding officer? Hint: 5 specific functions.
The presiding officer shall:
1) have complete charge of the hearing;
2) permit the examination of witnesses;
3) admit evidence;
4) rule on the admissibility of evidence;
5) adjourn or recess the hearing from time to time.
The presiding officer may set reasonable time limits on arguments and presentation of evidence.
The PO shall be responsible for order in the hearing and can suspend the proceedings as necessary to maintain order.
Who shall each hearing be held before? Who is the presiding officer?
Unless otherwise delegated, each hearing shall be held before a quorum of the Board. Board action shall be by a majority vote of those Board members present at the Board hearing. The Chairman of the Board or a Board member designated by the Chairman shall serve as the presiding officer for the hearing.
What are the rights of the member of the Office of the Attorney General who is presenting the case on behalf of the State?
(Note: the presiding officer may request the OAG to participate in any hearing to present the case on behalf of the State).
1) the submission of evidence; 2) examination and cross-examination of witnesses; 3) presentation of summation and argument; and 4) filing of objections, exceptions, and motions.
Who may the presiding officer request to act as legal advisor to the Board? What would they advise on?
A representative of the Office of the Attorney General who would advise the Board on questions of procedure, evidence, and law.
What is the Order of Procedure of the hearing?
The case on behalf of the State shall be presented first, then the respondent shall present his case. After that, rebuttal shall be permitted.
What may the Board do to compel the attendance of witnesses?
The Board has the power to administer oaths and to compel the attendance of witnesses by subpoena. The Board shall issue subpoenas for any and all witnesses requested IN WRITING by a party.
What rights does each party have? What if the party is represented by counsel?
1) call witnesses; 2) present evidence; 3) cross-examine every witness called on behalf of the State or other party; 4) present summation and argument; 5) file objections, exceptions, and motions.
NOTE: if a party is represented by counsel, items 1-3 above shall be done and presented solely by the counsel.
What happens at a hearing after the direct testimony of the witness is presented and after cross-examination? What happens if an accused or complainant fails to appear at a hearing after due notice?
The Board may ask questions. If the accused does not appear at a hearing, the Board may reschedule the hearing or, at its discretion, proceed upon the investigation, report, documents, witnesses, and records before it.
