§ 179.31. Hearing.
(a) Hearing. No final determination may be made by the Judges or Stewards until the hearing is completed and the evidence has been received and the party charged has been given the opportunity to hear the evidence presented and the opportunity to defend. If a subpoenaed or noticed party fails to appear, an order or ruling may be entered by default.
(b) Order of Hearing. Judges and Stewards shall have the discretion to conduct the hearing in accordance with the following:
(1) The Judges or Stewards shall open the hearing by indicating the date and time, make a concise statement of its scope and purposes and announce that a record of the hearing is being made. All witnesses shall be sworn by the Judges or Stewards.
(2) When a hearing has begun, a party or a party’s representative may make an opening statement only if necessary or permitted by the Judges/Steward.
(3) A party, a party’s representative or any other person or witness who may testify at the hearing shall be identified on the record.
(4) The Judges or Stewards may receive and review any preliminary relevant motions and afford each party of record the opportunity to submit a subsequent written motion. They may render a decision on the motion immediately or take that matter under consideration.
(5) The Commission investigators shall have the burden of proceeding in the matter first. At the discretion of the Judges or Stewards, they may change the order of testimony of the party or witness. A party who asserts a particular fact or issue shall have the burden of proof of that matter.
(6) The Judges or Stewards shall afford each party the opportunity to present the party’s direct case and witnesses. Each party, as well as the Judges or Stewards may cross examine each witness.
(7) In the course of the hearing, the Judges or Stewards may receive all relevant documentary evidence, including investigative reports, video tapes, lab reports or other similar records.
(8) At the conclusion of all evidence and cross examination, at the discretion of the Judges or Stewards, closing statements may be allowed and the evidentiary record shall be closed.
(c) Behavior. Each party, witness, attorney or other representative shall, at all times, behave in the Judge or Steward’s proceedings with dignity, courtesy and respect for the Judges or Stewards and all other parties and participants. An individual who violates this section may be excluded from a hearing by the Judges or Stewards.
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