Hearing before hearing officer: Procedure; subpoenas; evidence; records; decision.
1. If an applicant appeals a determination of the compensation officer, the hearing officer shall hold a hearing unless the hearing officer can render a favorable decision to the applicant without a hearing. If the hearing officer holds a hearing, the hearing officer shall:
(a) Within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after receipt of the request; and
(b) Give notice by United States mail or by personal service to the applicant at least 15 days before the date and time scheduled for the hearing.
Ê The hearing officer shall render a decision in the case, including an order directing payment of compensation, if compensation is due, within 15 days after the hearing or receiving the reports necessary in rendering the decision. The hearing officer may affirm, modify or reverse the decision of the compensation officer. The hearing officer shall mail his decision to the applicant and include any information necessary for appealing the decision to the appeals officer.
2. The hearing officer may issue subpoenas to compel the attendance of witnesses and the production of books and papers at the hearing.
3. If a witness refuses to attend or testify or produce any books and papers as required by the subpoena, the hearing officer may report to the district court by petition, setting forth that:
(a) Due notice has been given of the time and place of attendance of the witness or the production of the books and papers;
(b) The witness has been subpoenaed by the hearing officer pursuant to this section; and
(c) The witness has failed or refused to attend or produce the books and papers required by the subpoena before the hearing officer who is named in the subpoena, or has refused to answer questions propounded to him,
Ê and asking for an order of the court compelling the witness to attend and testify or produce the books and papers before the hearing officer.
4. Upon receiving such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days from the date of the order, and then and there show cause why he has not attended or testified or produced the books or papers before the hearing officer. A certified copy of the order must be served upon the witness.
5. If it appears to the court that the subpoena was regularly issued by the hearing officer, the court shall enter an order that the witness appear before the hearing officer at the time and place fixed in the order and testify or produce the required books or papers, and upon failure to obey the order the witness must be dealt with as for contempt of court.
6. The applicant and any other person having a substantial interest in the outcome of the hearing may appear and be heard, produce evidence and cross-examine witnesses in person or by his attorney. The hearing officer also may hear other persons who may have relevant evidence to submit.
7. Any statement, document, information or matter may be received in evidence if, in the opinion of the hearing officer, it contributes to a determination of the claim, whether or not the evidence would be admissible in a court of law.
8. The hearing officer shall create a record of each hearing. The record may be in the form of a sound recording.
9. The hearing officer shall render his decision in the case, including an order directing the payment of compensation, if compensation is due, within 15 days after the hearing.
Last modified: February 26, 2006