Sec. 14.09.03.09. Hearing Exhibits and Witnesses

A. Mandatory Exchange of Hearing Exhibits.

(1) At least 3 business days prior to the scheduled hearing date, each party shall send to the other parties, including the Subsequent Injury Fund and the Uninsured Employers' Fund, copies of all medical exhibits that the party intends to introduce at the time of hearing that were not previously produced to the other party in accordance with Regulation 14.09.03.07A.

(2) Failure to comply with this provision may result in sanctions.

B. Confidential Information.

(1) If sensitive material must be brought to the attention of a Commissioner for the proper adjudication of a matter in dispute, the party seeking the admission of the sensitive or restricted material may request to brief the Commissioner in-chambers regarding the subject matter only after providing notice to opposing counsel.

(2) A request to admit sensitive or restricted material shall be granted or denied at the Commissioner's discretion.

C. General Rules Concerning Hearings.

(1) On any genuine issue, each party is entitled to call witnesses, offer evidence, and cross-examine any witness who testifies.

(2) A hearing shall be called to order by the Commissioner. The Commissioner may allow the parties to present preliminary matters.

(3) Witnesses shall be sworn or put under affirmation to tell the truth.

(4) A Commissioner may admit evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs, and give probative effect to that evidence.

D. Hearing Exhibits. Each party shall prepare an exhibit that:

(1) Includes all documents that have not been filed previously with the Commission that are relevant and necessary to decide the issue or issues to be heard;

(2) Is paginated; and

(3) Includes a table of contents that indicates the first page of each document contained in the exhibit, and the name of the health care provider, the date of the report, and date of treatments.

E. Sequestration of Witnesses.

(1) Upon request by a party, the Commissioner may exclude witnesses other than parties from the hearing room, except when testifying.

(2) A party, representative, witness, or spectator may not disclose to a witness excluded under this section the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during that witness's absence.

(3) A party that is not an individual may designate an employee or officer as its representative to remain in the hearing room, even though the employee or officer may be a witness.

(4) An expert witness who is to render an opinion based on testimony given at the hearing may remain during the testimony.

(5) The Commissioner may exclude the testimony of a witness who receives information in violation of this section, or take other appropriate action.

F. Stipulations.

(1) The parties may, in accordance with law, agree to any substantive or procedural matter.

(2) A stipulation may be filed in writing or entered on the record at the hearing.

(3) The Commissioner may require additional development of stipulated matters.

(4) The parties filing a stipulation shall attach to the stipulation, or submit to the Commissioner at the hearing, documentation supporting the stipulation.

G. Expert Testimony.

(1) If a party wishes to have an expert witness appear and testify, other than a vocational rehabilitation counselor, the party must seek prior approval from the Chairman.

(2) The party shall submit a letter stating why oral testimony is necessary in lieu of documentary evidence.

(3) The party producing the expert witness shall be responsible for any fees charged by the expert for appearing and testifying.