Section 257.310. Conduct of hearings; witnesses; rules of evidence; official notice; burden of proof.

(1) A hearing is open to the public unless the hearing officer orders otherwise.

(2)  The hearing officer may call or recall witnesses and question witnesses regarding any matter pertinent to the case.

(3)    The hearing officer has an affirmative duty to assist a party appearing at a hearing who is not represented by an attorney in presenting a case to properly develop a complete record. To fulfill the duty, the hearing officer may question witnesses or assist with  the introduction  of documents  into evidence, or both.

(4)   A hearing officer shall follow the rules of evidence  as  applied  in circuit court so far as practicable, but the hearing officer may admit, and give probative value to, evidence of a type that is commonly relied upon by reasonably prudent persons in the conduct of their affairs.

(5)   A hearing officer may exclude irrelevant, immaterial, or unduly repetitious evidence.

(6)   The hearing officer may require or allow a party to present additional evidence on an issue within a specified period of time.

(7)    A hearing officer may take official notice of facts and may take notice of general,  technical,   or  scientific   facts   within   the   department's  specialized knowledge.

(8)   The petitioner shall have the burden of proof at an appeal hearing and on an affirmative defense at an implied consent hearing.

(9)   The police officer party shall have the burden of proof at an implied consent hearing, except as provided in subrule (8) of this rule.

(10)   Unless otherwise provided in the act or these rules, the standard of proof at a hearing is a preponderance of the evidence.

(11)     At the written request of a petitioner, and with the approval of the administrator, the division may conduct an appeal hearing through a review of written proofs submitted by the petitioner. The petitioner need not be present for a review of written proofs.

(12)   Except for implied consent hearings and appeal hearings involving   a review of a determination of the department that results in a   denial  or revocation under section 303(1)(d),(e), or (f) or (2)(c), (d), (e), or (f) of the act, a hearing officer shall limit a hearing to a review of the record.

History: 1998-2000 AACS.