Sec. 14.30.11.14. Conduct of Hearings

A. On a genuine issue in a contested case, each party is entitled to:

(1) Call witnesses;

(2) Offer evidence, including rebuttal evidence;

(3) Cross-examine opposing witnesses; and

(4) Make opening and closing statements.

B. Telephone Hearings.

(1) The Board, the Executive Director, or the administrative law judge, as appropriate, may conduct all or part of the hearing by telephone, video conferencing, or other electronic means, by consent of all parties.

(2) All substantive and procedural rights apply to telephone, video, or other electronic hearings, subject only to the limitations of the physical arrangement.

(3) Documentary Evidence. For a telephone hearing, a party shall provide documentary evidence to be offered to all parties so that it is received by each party and the Board or the administrative law judge, as appropriate, at least 5 days before the hearing.

(4) Default. For a telephone hearing, the following may be considered a failure to appear and grounds for a default:

(a) Failure to answer the telephone for 15 minutes;

(b) Failure to free the telephone for a hearing; or

(c) Any other failure without good cause to be ready to proceed with the hearing as scheduled.

C. A quorum of the Board shall be present for Board hearings.