Sec. 360.404. - Hearings; rules of evidence; report by hearing officer; rules of procedure.

(a) The hearing on a complaint shall be held within 45 days of service of the complaint upon the respondent, unless extended by the Board for good cause. The hearing officer may continue a hearing from time to time without further notice and, in proper cases, may allow the respondent additional time deemed necessary by him for the respondent to comply with the law and the rules of the Board. (b) The hearing officer shall give probative effect to evidence which would be admissible in civil proceedings in the courts of this State. In receiving evidence, due regard shall be given to the technical and highly complicated subject matter which the Board and Director must handle and the exclusionary rules of evidence shall not be used to prevent the receipt of evidence having substantial probative effect. Otherwise, effect shall be given to the rules of evidence recognized by law in this State. (c) Oral evidence shall be taken only upon oath or affirmation. (d) The proceedings of the hearing shall be stenographically recorded. A copy shall be provided to the respondent at the cost of transcription and upon terms set by the Board. (e) All parties shall have an opportunity to respond, to present evidence and argument on all issues involved, to conduct cross-examination and submit rebuttal evidence, to submit proposed findings of facts and orders, to file exceptions to any order or hearing officer's recommended order, and to be represented by counsel. (f) The record in a case governed by this subsection shall consist only of: (1) All notices, pleadings, motions, and intermediate rulings; (2) Evidence received or considered; (3) A statement of matters officially recognized; (4) Questions and proffers of proof and objections and rulings thereon; (5) Proposed findings and exceptions; (6) Any decision, opinion, proposed or recommended order, or report by the officer presiding at the hearing; (7) The official transcript. (g) Findings of fact shall be based exclusively on the evidence or record and on matters officially recognized. (h) Within 20 days from the close of the hearing, the hearing officer may receive suggested findings of facts and conclusions of law from the parties, within ten days from receipt, the hearing officer shall complete and submit to the Board and all parties a recommended order consisting of his findings of fact, conclusions of law, interpretation of administrative rules, and recommended penalty, if applicable, and any other information required by law or Board rule to be contained in the final order. The Board shall allow each party at least ten days in which to submit written exceptions to the recommended order. (i) The Board shall adopt rules specifying procedures for the conduct of hearings. (Ord. 84-674-684, § 1; Ord. 88-117-123, § 8)