§ 27.335 Hearing procedures.

(a) Any hearing shall be held as expeditiously as possible at the location most conducive to a prompt presentation of any necessary testimony or other proceedings. (1) Videoconferencing and teleconferencing may be used where appropriate at the discretion of the Presiding Officer. (2) Each party offering the affirmative testimony of a witness shall present that testimony by declaration, affidavit, or other sworn statement submitted in advance as ordered by the Presiding Officer. (3) Any witness presented for further examination shall be asked to testify under an oath or affirmation. (4) The hearing shall be recorded verbatim. (b)(1) A facility or other person may appear and be heard on his or her own behalf or through any counsel of his or her choice who is qualified to possess CVI. (2) A facility or other person individually, or through counsel, may offer relevant and material information including written direct testimony, which he or she believes should be considered in opposition to the administrative action, or which may bear on the sanction being sought. (3) The facility or other person individually, or through counsel, may conduct such cross-examination as may be specifically allowed by the Presiding Officer for a full determination of the facts.