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• Establish all pertinent facts and circumstances; • Present any arguments without interference; • Question or refute any testimony or evidence presented by the other party, including the opportunity to confront and cross-examine any adverse witnesses; and • Examine the appellant's entire case record and all documents and records used by the DFR at the hearing. (f26)
The parties are advised at the close of the hearing that the parties will be informed in writing of the ALJ's findings and decision on the appeal as soon as possible. 4210.15.05 DFR’S RESPONSIBILITY AT THE HEARING
The DFR representative at the hearing is to: • Present the testimony of the DFR according to the outline prepared prior to the hearing; • Limit remarks to facts (not speculation or guessing); • Avoid the use of jargon used only by employees; • Offer labeled exhibits into evidence at appropriate points in the testimony and explain what the exhibits are and how the exhibits relate to the issue; and • Offer the labeled exhibits to the appellant and/or their representative for examination and objections (if any).
The DFR representative should be prepared to question the appellant about any statements made which need further explanation. 4210.20.00 CONTINUANCE OF THE HEARING
The decision will be delayed if the ALJ determines additional evidence is needed. If needed, the hearing may be reconvened to obtain additional testimony. All parties will be notified of the date, time, and method for obtaining this evidence. Any evidence submitted must be copied and given to the appellant, who then has the opportunity for rebuttal. 4210.25.00 THE HEARING RECORD
The hearing record is an official report containing the substance of what transpired at the hearing, together with all papers and requests filed in the proceeding, and the decision of the ALJ.
This record shall be available to the appellant/representative at an accessible place and reasonable time. 4210.30.00 THE FAIR HEARING DECISION
A written copy of the ALJ's hearing decision is sent to the appellant and the DFR. The decision includes: • The findings of fact and conclusion regarding the issue under appeal; and • Supporting laws and regulations.