Section 15.8. Hearings.

    (1)    The board may hold a hearing to further review the merits    of a complaint, a request for an advisory opinion,  or upon conclusion of an investigation.

(2)     Not fewer than 28 calendar days before the date of the hearing, the executive secretary shall notify any interested party and shall post the notice on the board's website. The notice shall state the time, place, date, case name, and questions to be heard at the hearing as determined by the board.

(3)     Hearings may be held before the entire board, before one or more designated voting members of the board, or before a hearing officer designated to conduct the hearing. If the hearing is conducted before the board or designated members, then the chairperson of the board shall preside over the hearings, or in the chairperson's absence, members of the board shall appoint a board member as presiding officer.  A member of the board, a hearing officer, agent or employee of the board shall not have direct or indirect ex-parte communication with any person in connection with any issue involved in a scheduled hearing except with the members of the board or its agents or employees.

(4)     The presiding board member or hearing officer shall do any of  the following:

(a)   Administer oaths as deemed appropriate by the board.

(b)   Request the attendance of  any  witnesses   whose  testimony,  in  the judgment of the board, will aid in the conduct of its investigations.

(c)   Request the  production  of   books,  papers,  and   other  documentary evidence to aid the board in its investigation.

(d)  Fix the time and form for the submission of evidence or argument.

(e)   Adjourn a hearing for good cause to such time, date, and place as the presiding board member or hearing officer determines to be appropriate. The rules of evidence applicable in the courts of the state need not be applied strictly in any hearing.

(5)         The standard of review shall be the preponderance of the evidence.The complainant shall have the burden of introducing the requisite evidence to prove the alleged  unethical   conduct.    The  person    requesting    an    advisory   opinion  or  an

investigation or the attorney general shall have the burden of presenting facts or issues to the board for its consideration.  The   person whose conduct is being questioned has all of the following rights:

(a)   Be present.

(b)   Be represented by counsel.

(c)   Testify.

(d)  Produce and examine witnesses.

(e)   Cross-examine adverse witnesses.

(f)  Introduce other evidence as may be material and relevant to the issues.

(6)      At the conclusion of the hearing, the presiding board member or hearing officer may request additional evidence or written argument concerning the subject matter to be submitted within such time and in the form as the presiding board member or hearing officer directs. The additional evidence or argument shall be disclosed to all interested parties.

(7)    The presiding board member or hearing officer shall issue a  proposal for decision.  The board shall act upon the proposal.

(8)     All proceedings shall be recorded but need not be transcribed unless requested by the board or a participating party. The board shall  determine the amount and source of payment for the transcript. The board shall prepare an official record of its hearing, to include the notice of hearing, and all documents considered by the board. The board may also include  a  transcript of evidence presented at the hearing.

History: 1979 AC; 2006 AACS.