Sec. 463.3. Board hearing

(a) Any party on the appeal may request a hearing before the board, stating the reasons for the request.

(b) The notice of hearing shall state the purpose for the board hearing. At any hearing granted or directed by the board, the board may limit the parties to oral arguments or may permit further testimony or other evidence. Any party on the appeal may appear in person or be represented by a lawyer or other representative. The board may require appearances by parties or witnesses, or presentation of other evidence, that it finds necessary. All parties and their lawyer or other representative shall have the right to question and cross-examine parties and witnesses, and shall have the right to offer relevant documents, records and other evidence which the board may only accept into the record under the provisions of section 463.2 of this Title or subdivision (c) of this section. Parties, or their lawyer or other representative, shall have the right, to request that subpoenas be issued for 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. Interpretation services shall be provided to parties according to established legal requirements. When interpretation services are provided 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.

(c) The board shall consider and rely on only the evidence introduced at a hearing before an administrative law judge or before the board and on those facts and law of which a court might take judicial notice. For any document that the board considers, relies on or refers to:

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

(2) the parties must have the opportunity to object to it being made part of the record; and

(3) the document must be accepted into the record.

(d) All testimony shall be under oath or by affirmation and a word-for-word record of the hearing shall be made. The board may accept written statements, records or other documents submitted by parties or their representatives instead of testimony.

(e) A member of the board staff may assist the board member in the conduct of a hearing.

(f) The hearing shall be held at an office of the board or at another location as the board may choose. In the discretion of the board, hearings may be held by telephone conference calls or videoconference 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.

(g) A party requesting a postponement must show good cause for the request. The board may, on its own motion and for good cause, postpone the hearing. Whenever the board determines that a hearing is to be postponed, the board must state on the record the reason for the postponement.

(h) During a hearing before the board, any party may request that the hearing or parts 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. Upon a showing of good cause, the board may close the hearing or mark a document(s) as confidential. If allowed, 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 in effect until otherwise determined as a result of court review.