Hearings Manual

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 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  • Declare a hearing withdrawn.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.