Sec. 461.4. Conduct of hearing

(a) The hearing shall not be governed by formal rules of evidence or procedure. The administrative law judge shall conduct the hearing in an order and manner that are best suited to fairly decide the issues and protect the rights of the parties. The administrative law judge may examine the parties and their witnesses. All parties shall have a full opportunity to present testimony and to introduce written or other evidence that is relevant. At the start of the hearing, the administrative law judge shall identify all persons present and shall outline briefly the issues involved. No administrative law judge shall participate in any hearing in which the judge has a conflict of interest. Challenges to the interest of an administrative law judge shall be decided by a chief administrative law judge, a principal administrative law judge, or a senior administrative law judge.

(b) All testimony shall be under oath or by affirmation and a word-for-word record of the hearing shall be made. The commissioner may be represented in person or submit written statements, records or other documents subject to subdivision (h) of this section. Those statements, records or documents shall not be the basis for the decision of the administrative law judge unless they have been received into the record under the provisions of subdivision (j) of this section. If all parties agree, evidence submitted after the hearing may be made part of the record.

(c) Any party may appear in person or be represented by a lawyer or non-lawyer representative. The administrative law judge may require such appearances as determined to be necessary. All parties and their lawyer or non-lawyer representative shall have the right to call, question and cross-examine parties and witnesses. They have the right to offer relevant documents, records and other evidence which the administrative law judge may only accept into the record under the provisions of subdivision (j) of this section. Parties, or their lawyer or non-lawyer representative shall have the right to request that subpoenas be issued to require the appearance of relevant witnesses or the production of relevant documents, records or other evidence. They have the right to request a postponement of the hearing for good cause shown. Interpretation services shall be provided to parties according to established legal requirements. When interpretation services are provided according to legal requirements, there shall be an interpretation of the entire hearing and of all relevant parts of documents introduced into evidence. At the end of the hearing, each party has the right to make a relevant statement to explain points which may not have been explained during the hearing.

(d) In the interest of the speedy administration of justice and for good cause shown and in the discretion of the administrative law judge, any issue in a case or any other related issue may be heard and decided, though not specifically stated in the notice of hearing. The administrative law judge must state on the record the reason for that action and must inform the parties that he or she will consider a new basis for denying or granting benefits, or consider an issue not specifically stated in the notice of hearing. The judge must inform the parties of their rights in this regard and must give them an opportunity to request a postponement to prepare for the new basis or issue.

(e) Once the hearing has begun, a case assigned to an administrative law judge will continue before the same judge until a decision is made, unless the case is transferred under section 461.7 of this Part.

(f) The chief administrative law judge, a principal administrative law judge, a senior administrative law judge or the administrative law judge may separate a case or may combine two or more cases in the interests of justice and where there will be no prejudice to the substantial rights of any party.

(g) The parties, or their representatives, may agree in writing that one or more cases involving an issue affecting certain claimants in common be a test case(s). The agreement shall be filed with the chief or principal administrative law judge. Once that agreement is filed, the parties will be bound by the administrative law judge's decision in the test case(s), subject to the right of appeal.

(h) Information from the department records and the case file shall be made available by the commissioner and by the administrative law judge to parties to the hearing or their representatives for the necessary preparation and presentation of the case. All par ties shall have the right to call, examine and cross-examine other parties and witnesses about that information.

(i) During the conduct of a hearing, any party may request that all or part of the hearing be closed to the public or request that documents or parts of documents be marked as confidential. When a request for closing a hearing or making documents confidential is made, all present at the hearing shall have an opportunity to speak about the request. When good cause is shown, the administrative law judge may close all or part of the hearing or mark all or part of a document(s) as confidential. The record and case file shall be marked to show that there is an order to close the hearing or mark a document(s) as confidential, and that order shall continue until otherwise determined by court review.

(j) In reaching a decision the administrative law judge shall consider and rely on only the evidence introduced at the hearing that:

(1) the parties have had the opportunity to review;

(2) the parties have had the opportunity to object to; and

(3) has been accepted into the record, and those facts and law of which a court might take judicial notice.

(k) Hearings may also be held by means of telephone or video conference calls when it is capable of being done and when it is in the interest of justice. A telephone or video conference hearing shall be conducted in a way which is consistent with the other provisions of this Part.