Hearings are conducted by an impartial official, the DLS hearings officer, who:
- Is a duly appointed and qualified agent of the DLS
- Is familiar with relevant federal and state policies and procedures
- Wasn’t involved in the action being contested, and
- Doesn’t have a personal stake or involvement in the case
The hearing officers’ powers and duties are to:
- Subpoena witnesses, when requested to do so
- Ensure the EU has had an opportunity to review the documents to be used by FSD in the presentation of the case
- Administer oaths
- Regulate the hearing’s conduct and course consistent with due process to ensure an orderly hearing
- Ensure all relevant issues are considered
- Request, receive and place in the record all evidence necessary to decide the issue
- Deny a hearing request
- Declare a hearing withdrawn
- Rule on FSD’s rescission
- Rule on good cause for a client’s failure to appear at a scheduled hearing
- Rule on requested continuances of hearings and indicate a date and time at which the hearing will reconvene
- Adjourn the hearing and close the hearing record
- Render a decision on each relevant issue addressed at the hearing
- Order, when necessary, an independent medical assessment or professional evaluation to be paid by FSD
- Provide a hearing record and recommendation for a final decision by the FSD director
- Notify in writing the EU and FSD of the decision