1. An oath is administered by the administrative hearing officer (AHO) to the applicant, licensee, witnesses, and the representative(s) of the local office. The following form is used for the oath, "Do you solemnly swear or affirm that the evidence you give in this case will be the truth, the whole truth, and nothing but the truth?" In hearings in which an applicant or licensee is assisted by an interpreter, the AHO will also administer an oath to the interpreter. The following form is used for the oath, "Do you solemnly swear or affirm that you will truthfully translate from English into (state the other language) the questions about to be asked, and from (state the other language) into English the answers about to be given in the case to the best of your ability?"
2. The purpose of the pre-hearing conference is to reduce the actual amount of time spent in the hearing. In the pre-hearing conference the AHO identifies all:
(1) witnesses;
(2) exhibits; and
(3) issues to be covered in the hearing.
3. Order of presentation.
(1) The AHO normally begins the presentation of evidence by asking for short statements from the representative of the Division of Child Care, or the Department of Human Services (DHS) assistant general counsel assigned to the case, and the applicant or licensee 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 applicant or licensee must be related to the point(s) at issue.
(4) Evidence.
(A) DHS normally presents evidence first, including witnesses and non-testimonial evidence.
(B) The applicant or licensee presents evidence after the DHS presentation is completed.
(C) DHS may present rebuttal evidence, and the applicant or licensee 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 opposite party and questioning by the AHO.
(F) The AHO may call and/or examine witnesses to develop the record fully and to ensure all evidence favorable to an unrepresented applicant or licensee is presented.
(G) If during the hearing, the AHO determines that a party can submit evidence after the hearing, without the necessity of reconvening the hearing, the AHO:
(i) clearly states what evidence is to be submitted, who submits the evidence, and a deadline for submission;
(ii) if the evidence is to be submitted by the applicant or licensee, directs the applicant or licensee to submit the evidence to the local office, which forwards the evidence to the AHO;
(iii) if the evidence is to be submitted by the local office, directs the local office to send a copy to the applicant, licensee, or authorized representative at the same time the evidence is sent to the AHO;
(iv) tells the parties that within five calendar days following receipt of the evidence, the other may submit comments to the AHO or request that the hearing be reconvened; and
(v) tells the parties that it is within the sole discretion of the AHO whether or not to reconvene the hearing.
(5) When presentation of the evidence is complete, the AHO allows closing statements, with the party bearing the burden of proof going last.