Chapter A4 – Article 10. Hearings

Sec. A4.10.010. Hearings.

Upon written request made under section A4.10.030 [request for hearing], the Board must conduct a hearing:

1. prior to the imposition of any sanction, except a summary suspension;
2. within 10 working days after a summary suspension; and
3. within 30 days after the Board receives a request from a person or training center denied:
   1. certification;
   2. renewal;
   3. reinstatement; or
   4. a waiver of requirements based on credentials.

Sec. A4.10.020. Scheduling and Telephonic Participation.

1. Convenience of the Parties. To the extent possible, hearings must be scheduled at a time and place convenient to the parties. Telephonic participation by any participant is permitted.
2. At the request of, or with the consent of the person requesting a hearing, the hearing may be delayed to a date mutually agreed upon.

Sec. A4.10.030. Request for Hearing.

1. Written Request. A party requesting a hearing must notify the Board and other interested parties by submitting a written request for a hearing within 30 days of the date upon which the party received notice of the action being appealed. The request must include a statement identifying the action being appealed, the remedy sought and a statement explaining the facts and points of law that support the requested Board action.
2. Notice of Proceeding. At least five working days prior to a hearing under section A4.10.010(b) [hearings] and ten days prior to other hearings, all parties shall receive notice of:
   1. the time and place of the hearing;
   2. their rights to:
      1. (A) respond to assertions of facts and law;
      2. (B) present evidence, arguments and/or mitigating circumstances; and
      3. (C) be accompanied and/or assisted by an attorney or another person.

Sec. A4.10.040. Information Regarding Hearing.

Parties subject to disciplinary action also receive notice of:

1. the nature of the hearing;
2. the legal authority and jurisdiction under which the hearing may be held; and
3. the matters of fact and law asserted.

Sec. A4.10.050. Written Presentation.

Parties subject to disciplinary action may submit a written response any time up to and including the date of the hearing.

Sec. A4.10.060. Conduct of Hearing.

Hearings may be conducted by the Board or a hearing officer or panel selected by the Board. Individuals who have a conflict of interest or who cannot otherwise be fair and impartial must notify the Board of their disqualification.

Sec. A4.10.070. Evidence.

1. A party may present oral or documentary evidence, submit rebuttal evidence, and conduct cross-examination.
2. Upon request of a party or its own motion, the Board, hearing officer or panel may issue a subpoena to secure testimony or other evidence reasonably necessary for a full and fair determination of the matter in dispute.
3. Telephonic Participation. Telephonic testimony shall be accepted unless there is good cause to doubt the identity of the witness.

Sec. A4.10.080. Recommendation.

If the hearing is conducted by an Inquiry Panel, a written recommendation along with all evidence collected will be submitted to the Board for its consideration. The recommendation will include:

1. proposed findings and conclusions;
2. evidence and other reasons;
3. a recommendation for Board action specifying the proposed rule, order, sanction, relief, denial or conditions or limitations on certification.

Sec. A4.10.090. Decision.

1. Action by Board. Unless the Board adopts the recommendation of the hearing officer or panel “in toto,” it must issue a separate written decision that contains an explanation of the grounds for the decision.
2. Notice of Decision. In any case, parties must be notified in writing of the decision within a reasonable time.