Section 792.11803. Administrative law judge; power and authority.

An administrative law judge may do any of the following:

(a)    Sequester witnesses at any party's request.

(b)    Sign and issue subpoenas compelling witness attendance and testimony or production of documentary or physical evidence on the administrative law judge's own initiative or at the request of a party.

(c)    Determine the order of proofs.

(d)    Accept stipulations of fact and base statements of fact on such stipulations.

(e)    Order an evaluation at public expense of a person who is the subject of the hearing.

(f)    Take official notice of judicially cognizable facts.

(g)      Admit and give probative effect to evidence of a type commonly relied upon by reasonably prudent people in the conduct of their affairs, and provide guidance regarding evidentiary questions.

(h)    Exclude irrelevant, immaterial, or unduly repetitious evidence.

(i)     Bar evidence or testimony, upon the request of the opposing party, that was not timely disclosed as required by applicable law or regulation or by the schedule determined at the prehearing conference.

(j)     Question any sworn witness at the hearing before any party questions the witness, after the parties complete their initial examination of the witness or, to the extent necessary to clarify the administrative law judge's understanding of the witness' testimony, at any time during the hearing.

(k)    Limit the number of lay or expert witnesses a party may call on an issue, as necessary, to avoid unnecessary or cumulative evidence.

(l)    Require that conflicting experts address the issue or issues on the record.

(m)    Visit and observe any relevant location, upon notice to the parties.

(n)      Permit taking of evidence by deposition, by video conferencing, or by other similar mechanisms. All parties shall be given an opportunity to examine or cross examine the witness under oath.

(o)      Grant a party's request for a specific extension of the time limit for completion of a hearing. The administrative law judge shall require the parties to establish good cause for the extension. The administrative law judge may require submission of documentation to establish the need for the extension and may require a party's representative to establish his or her client's knowledge of the request. The administrative law judge may provide written notice directly to the parties of any extension requested and the grounds for the request, as well as of the administrative law judge's written determination to grant or deny a request for an extension. The administrative law judge may condition the grant of an extension of the time limit on any other just terms.

(p)     Require the parties to file 1 or more additional copies of all documents filed with the hearing system and may direct that 1 additional copy be filed with all personal identifiers deleted.

(q)     Unless the affected party consents, require a representative seeking to withdraw from representation, to show, after notice to the party and opportunity to respond, good cause for the withdrawal.

(r)      Impose, at the request of a party or on the administrative law judge's own initiative, sanctions on any party, or representative of a party who does any of the following:

(i)     Fails to comply with these rules or any proper order or requirement specified by the administrative law judge.

(ii)    Engages in ex parte communication.

(iii)    Disrupts a hearing.

(s)    Sanctions may include any of the following:

(i)    Dismissal of an issue, claim, defense, or the hearing.

(ii)    Order compensatory education

(iii)    Any other sanction authorized by law.

History: 2015 AACS.