Section 24.68. Hearings.

(1) Hearings shall be held before a hearing officer designated by the director of the purchasing division. The hearing officer and his agents or employees shall not have direct or  indirect  ex  parte communication with any person in connection with the issues involved in a hearing.

(2)    The hearing officer shall regulate the  conduct   of  the  hearing, administer oaths, request the attendance and testimony of witnesses and production of books, papers, and other documentary evidence, fix the time and form for the submission of evidence or argument, and adjourn a hearing for good cause to such time, date, and place as he deems appropriate.

(3)    The rules of evidence applicable in the courts of the state need not be applied strictly in a hearing.

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

(5)   The party requesting a hearing shall have the burden of proving a challenge. The party requesting the hearing shall have the right to be present, to be represented by counsel, to testify, to produce and examine witnesses, to cross-examine adverse witnesses, and to introduce such other evidence as may be material and relevant to the issues.

(6)   Proceedings shall be recorded, but need not be transcribed unless requested by the purchasing division or a party. The purchasing division shall determine the amount and source of payment for the transcript. The purchasing division shall prepare an official record of the hearing, which shall include the notice of hearing and all documents considered by the hearing officer, and may include a transcript of the evidence presented at the hearing.

History: 1979 AC.