1. The employee most familiar with the issues is usually the employee who was most involved in the protested decision. If this person is not available, the person's supervisor presents the case. In some instances, such as Developmental Disabilities Services Division (DDSD) cases, it is more appropriate for another employee, such as a programs manager to present the case.
2. Order of presentation.
(1) The administrative hearing officer (AHO) will normally begin the presentation of evidence by asking for short statements from the representative of the local office and the client regarding the reason for appeal. The AHO may aid in development of these statements.
(2) The AHO makes a brief summary of these statements in order to define the point(s) at issue.
(3) The AHO explains:
(A) the testimony and other evidence presented by the representative of the local office must be confined to the factual information and verifications used in reaching the decision made by the local office on the point(s) at issue; and
(B) any presentation by or on behalf of the client must be related to the point(s) at issue.
(A) The Department of Human Services (DHS) representative usually presents evidence first, including witnesses and non-testimonial evidence.
(B) The client presents evidence after the DHS presentation is completed.
(C) DHS may present rebuttal evidence, and the client surrebuttal, until both sides, in the judgment of the AHO, have adequately addressed all issues.
(D) Each party is given a reasonable time in which to complete its case. The hearing is not considered complete until both sides have been given a reasonable opportunity to present evidence and complete their arguments.
(E) The testimony of each witness is subject to appropriate cross-examination by the opposing party and questioning by the AHO.
3. For example, if the point at issue has to do with the value of property, it is necessary to establish that the person giving evidence is qualified to do so.