Page 66
question, and to limit the testimony to that which has bearing on the issue or issues involved; 6. To provide the appellant and the agency representatives with the opportunity to present their case in an orderly manner, to present witnesses, to cross examine witnesses, and to advance any pertinent fact or argument; 7. To assure that all documents and records presented or referred to at the hearing are made part of the hearing transcript and all persons at the hearing have the right to examine all documents and records used as evidence. 8. To render a decision based upon the facts and evidence as applied to relevant federal or state regulations. H. Hearing Proceedings. Hearing proceedings will conform with a given order and staff and participants will undertake specific responsibilities as outlined below: 1. The proceedings will follow this order: a. A description of the relevant facts and events leading to the decision or action plus any evidence to support the decision or action, including identification of the pertinent regulations applied in making the decision. b. Detailed computation of the benefit amount, if applicable, before and after implementation of the agency decision or action. 2. The contractor agency or other appropriate agency may be assigned legal representation at a hearing if the applicant/client is represented by an attorney. When an attorney is assigned, DSSC/OCS will make available, all the evidence it possesses regarding the decision and situation of the appellant plus any additional information the attorney may request to prepare a case. The attorney will then be responsible for seeing that all relevant testimony, evidence, and the like is introduced at the hearing. 3. If legal representation has not been assigned to the contractor agency but the applicant/client has an attorney, the contractor agency may obtain legal representation. 4. At a hearing where the contractor agency has not been assigned legal counsel, the presentation of the relevant information will be made by agency staff. 5. Since the hearing decision will be based solely on the information presented at the hearing, failure to introduce all such relevant evidence may result in an adverse decision if the evidence presented is inadequate to support the decision.