(a) An administrative hearing officer (AHO), at the request of a client, authorized representative, or on his or her own motion, may require the presence at a hearing of:

• (1) a particular DHS employee;
• (2) DHS records; and
• (3) other evidence in the possession of DHS.

(b) A client's request for the presence of a DHS employee, DHS documents, or other evidence, is granted by the AHO only if the client shows that the presence of the DHS employee or evidence is:

• (1) relevant to the issues involved in the hearing;
• (2) necessary for determination of the issue; and
• (3) not otherwise obtainable by the client.

(c) If the AHO determines that a DHS employee, or evidence in DHS possession, must be present at the hearing, the AHO gives notice to the DHS employee, or office where the evidence is located the: 

• (1) date, time, and location of the hearing; and
• (2) employee's name, records, or other evidence which must be present.

(d) If, without good cause, the DHS employee fails to appear or DHS fails to produce the needed records or other evidence, the AHO may:

• (1) decide the case as if the missing evidence was as the client asserted, if the client's assertion is reasonable; or
• (2) continue the hearing for the missing testimony or evidence to be produced.