23-941. Hearing rights and procedure
A. Subject to the provisions of section 23-947, any interested party may file a request for a hearing concerning a claim.
B. A request for a hearing shall be made in writing, signed by or on behalf of the interested party and including his address, stating that a hearing is desired, and filed with the commission.
C. The commission shall refer the request for the hearing to the administrative law judge division for determination as expeditiously as possible. The presiding administrative law judge may dismiss a request for hearing when it appears to his satisfaction that the disputed issue or issues have been resolved by the parties. Any interested party who objects to such dismissal may request a review pursuant to section 23-943.
D. At least twenty days' prior notice of the time and place of the hearing shall be given to all parties in interest by mail at their last known address. In the case of a hearing concerning suspension of benefits, pursuant to section 23-1026, 23-1027 or 23-1071, only ten days' prior notice need be given. Hearings shall be held in the county where the workman resided at the time of the injury or such other place selected by the administrative law judge.
E. A record of all proceedings at the hearing shall be made but need not be transcribed unless a party applies to the court of appeals for a writ of certiorari pursuant to section 23-951. The record of the proceedings if not transcribed, shall be kept for at least two years but may be destroyed after such time if a transcription is not requested.
F. Except as otherwise provided in this section and rules or procedure established by the commission, the administrative law judge is not bound by common law or statutory rules of evidence or by technical or formal rules of procedure and may conduct the hearing in any manner that will achieve substantial justice.
G. Any party shall be entitled to issuance and service of subpoenas under the provisions of section 23-921. Any party or his representative may serve such subpoenas.
H. Any interested party or his authorized agent shall be entitled to inspect any claims file of the commission, provided that such authorization is filed in writing with the commission.
I. Within thirty days after the date of notice of hearing any interested party to a hearing before the commission may file an affidavit for change of administrative law judge against any hearing officer of the commission hearing such matters or commencing to hear such matter, setting forth any of the grounds as provided in subsection J of this section, and the administrative law judge shall immediately transfer the matter to another officer of the commission who shall preside therein. Not more than one change of administrative law judge shall be granted to any one party.
J. Grounds which may be alleged as provided in subsection I of this section for change of administrative law judge are:
1. That the administrative law judge has been engaged as counsel in the hearing prior to appointment as administrative law judge.
2. That the administrative law judge is otherwise interested in the hearing.
3. That the administrative law judge is of kin or otherwise related to a party to the hearing.
4. That the administrative law judge is a material witness in the hearing.
5. That the party filing the affidavit has cause to believe and does believe that on account of the bias, prejudice, or interest of the administrative law judge he cannot obtain a fair and impartial hearing.
K. After final disposition of the proceedings in which they are used, exhibits marked for identification or introduced as evidence at hearings or proceedings which cannot be readily copied, photocopied, mechanically reproduced or otherwise preserved as a document for inclusion in the record of the proceedings may be disposed of in the following manner:
1. By written notice, the attorneys of record, or if none, the parties, shall be notified that the counsel or the party introducing such exhibit may claim it at the industrial commission within sixty days.
2. After sixty days following notification, any such exhibit remaining in the custody of the industrial commission shall be disposed of as state surplus property pursuant to the direction of the department of administration, surplus property division. A written description of any such exhibit shall be included in the record to preserve its identity.
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