0130.020.00 Hearings

0130.020.90.05 Hearings Officers

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  • Declare a hearing withdrawn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