Sec. 10.22.16.10. Hearing Procedure

A. The appellant shall have the right to request that the hearing be closed to the public. The Secretary's designee shall grant the appellant's request for a closed hearing if the Secretary's designee, after hearing from the parties, determines that the appellant's interest in confidentiality and privacy outweighs the value to the public of an open hearing.

B. The Secretary's designee shall call the case to order and explain the issue or issues to be decided and the hearing procedure.

C. The appellant shall present the reasons the appellant objects to the Secretary's actions or inactions and the appellant's argument for the relief requested.

D. All parties shall have the opportunity to present evidence, call witnesses, and question the other party's witnesses.

E. In order to clarify relevant facts, the Secretary's designee may question any person at any time during the hearing.

F. With the consent of both parties, the Secretary's designee may allow discussion of the issues among the parties and relevant witnesses in order to seek resolution.

G. The applicant or recipient and that person's representative or representatives shall have the right to testify at the hearing.

H. The Secretary's designee may, with consent of the parties, conduct all or part of a hearing by telephone if each party in the hearing has an opportunity to participate in and hear the entire proceeding while it is taking place.