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126 I. Conduct of ADH

The hearing officer presides over the hearing and conducts the hearing informally. Technical rules of evidence are not required. The hearing may be conducted via a teleconference. The hearing may also be recorded.

J. Responsibilities of the Hearing Officer

1. Identify those present for the record. 2. Advise the individual or their representative that they may refuse to answer questions during the hearing. 3. Explain the purpose of the ADH, the ADH procedure, how and by whom a decision will be reached and communicated, and the option of either the LDSS or the individual to request a review of the hearing officer's decision by the Superintendent. The Superintendent’s review does not affect the ruling of the Hearing Officer. 4. Consider all relevant issues. Even if the individual is not present, the hearing officer must carefully consider the evidence and determine if an IPV was committed based on clear and convincing evidence. 5. Request, receive and make part of the record all evidence determined necessary to render a decision. 6. Regulate the conduct and course of the hearing consistent with due process to insure an orderly hearing. 7. Advise the LDSS to obtain a medical assessment at the LDSS’ expense if the hearing officer considers it necessary.

K. Responsibilities of the Local Department

The LDSS’ representative is responsible for presenting the LDSS’ case in the ADH. The LDSS representative has the same rights as the individual as listed below.

L. Individual Participation and Procedural Protections in the Hearing Process

1. It is the responsibility of the LDSS representative to help ensure that the individual feels at ease and understands the process, particularly if they are unfamiliar with formal procedures. Staff should take care to guide the conversation in a way that allows the individual to fully present the facts of their case. 2. The individual or their representative may refuse to answer questions during the hearing. 3. The individual and/or their representative must be given adequate opportunity to do the following:

i. Examine all documents and records to be used at the ADH at a reasonable time prior to the ADH as well as during the ADH. The contents of the case file, including the application form and documents of verification used by the LDSS to establish the alleged IPV, must be made available, provided that confidential information, such as the names of individuals who have disclosed information about the individual without their knowledge, or the nature and status of pending criminal prosecutions, is protected from release. ii. Present its case or have it presented by legal counsel or another person.