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 the 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- Declare a hearing withdrawn.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 the 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 the FSD.
- Provide a hearing record and recommendation for a final decision by the FSD director.
- Notify in writing the EU and the FSD of the decision.