Sec. 10.01.02.06. Conduct and Control of Hearing

A. The hearing examiner shall determine the conduct of the hearing, including:

(1) The order of presentation; and

(2) Time limits for questions and testimony.

B. The hearing examiner may:

(1) Order a person who engages in disruptive behavior, such as waving a sign or placard or shouting or jeering, that interferes with the orderly conduct of the hearing, to be removed from the hearing;

(2) Request police assistance to assure or restore order; and

(3) Recess a disorderly hearing.

C. Recording, Photographing, Videotaping, Broadcasting, and Televising of Hearings.

(1) Except as provided in §C(5) of this regulation, a member of the public, including a representative of the news media, may record a hearing with a tape recorder or other recording device if the:

(a) Device does not create excessive noise that interferes with the participation in or the observation of the hearing by a person present; and

(b) Recording is done openly so that it is obvious to those in attendance that the hearing is being recorded.

(2) Except as provided in §C(5) of this regulation, a member of the public, including a representative of the news media, may photograph, videotape, televise, or broadcast the proceedings of a hearing with a camera if the camera:

(a) Is operated without excessively bright or hot artificial light or excessive noise that interferes with the participation in or the observation of the hearing by a person present; and

(b) Is used openly so that it is obvious to those in attendance that the hearing is being recorded.

(3) The hearing examiner may restrict the movement of a person who is using a recording device, camera, or broadcasting or televising equipment if the restriction is necessary to maintain the orderly conduct of the hearing.

(4) Except as provided in §C(5) of this regulation, a member of the public, including a representative of the news media, who is recording, photographing, videotaping, broadcasting, or televising a hearing does not need to obtain the consent of a member of the public at the hearing to do so if the recording, photographing, videotaping, broadcasting, or televising is done openly so that it is obvious to those in attendance.

(5) A person who wishes to testify without being photographed, videotaped, or televised or without being recorded by anyone other than the court reporter service or Department may do so by making such a request of the hearing examiner.

D. A recording of a hearing made by anyone other than the court reporter service or Department, or a transcript derived from such a recording, is not part of the record of a hearing.