§ 270.120. Hearings.

1.

A verbatim record of the hearing shall be made either by stenographer or by use of an electronic device.

2.

A copy of the verbatim record of the hearing shall be made available to a respondent upon the request of the respondent and upon payment by the respondent for the cost of reproduction.

3.

The Administrative Law Judge shall have the authority:

a.

To make findings of fact and recommendations to the commission regarding all requests, including motions to dismiss;

b.

To add a party respondent to the proceedings upon notice to both the party respondent to be added and the respondent named in the proceedings;

c.

To administer oaths and affirmations;

d.

To issue subpoenas to compel the attendance and examination of witnesses and the production of books, records, papers and other documents;

e.

To admit and exclude evidence;

f.

To limit the repetitious examination or cross-examination of any witness and the amount of corroborative or cumulative testimony;

g.

To hear argument on the facts and/or law;

h.

To order the parties to appear for a prehearing conference to consider matters which may simplify the issues or expedite the proceeding;

i.

To order opening statements, and/or oral or written closing statements to be made; during any stage of the proceedings direct a respondent to comply with the applicable law or to cease a course of conduct or activity where there is reasonable grounds to believe such conduct or activity constitutes a violation of this chapter; perform all acts and take all measures necessary, but not otherwise prohibited by this section, for the maintenance of order and the efficient conduct of the hearing.

4.

The Administrative Law Judge may allow any party to amend or supplement a pleading at any time prior to the submission of the Administrative Law Judge's findings of fact and recommendations.

5.

The strict rules of evidence need not be observed.

6.

Each party shall have the right to present evidence and to cross-examine witnesses.

7.

The Administrative Law Judge may take judicial notice of any judicial or administrative proceedings.

8.

All evidence, including records, documents and memoranda in the possession of the commission of which it desires to avail itself, shall be offered and made a part of the record. All such documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference. In case of incorporation by reference, the materials so incorporated shall be available for examination by the parties in advance of being received in evidence.

9.

The written reports of state, local officials and/or the commission shall be presumptive evidence of the facts so stated therein relating to complaints, alleged violations, investigations, proceedings, actions, orders, enforcement of this chapter and the applicable laws, and shall be received as such in evidence.

10.

The commission or its designee has the burden of proof and of going forward in all enforcement cases.

11.

The findings and recommendations of the Administrative Law Judge shall be founded upon substantial evidence.

(Added by L.L. No. 9-1998)