§6997 Division hearings

Summary

The Director and the hearing officer must be allowed to see the full case record. They can make witnesses come, require papers or other evidence, and make people swear to tell the truth. People outside the Division may not have private, one-sided talks with the Director or hearing officer about the merits of the case, and the Director and hearing officer may not have such private talks with outside people, except when one-sided communications are legally allowed. If a person asks for a hearing on time, the Division must hold it within 45 days of getting the request. The hearing will be in the appellant’s home state or another convenient place. Hearings are in person unless the appellant agrees to phone or record-only review. The hearing officer can consider new evidence and is not bound by the agency’s earlier findings. The appellant must prove the agency was wrong. A decision must be sent within 30 days after the hearing or after a waiver request, unless the Director sets a different time. If no appeal is made to the Director, that decision is final and takes effect from the application date, the event date, or the original decision date, as appropriate.