Section 465IAC3-3-13. Conduct of hearings

   (a) The provisions of IC 4-21.5-3-25, except IC 4-21.5-3-25(g), and IC 4-21.5-3-26, apply to hearings conducted by the assigned ALJ under this rule.

  (b) The ALJ shall do the following:

(1) Conduct the hearing in an informal manner and without adherence to the Indiana rules of evidence applicable in civil court proceedings, except as provided in this section.

(2) Exclude from consideration irrelevant, immaterial, or unduly repetitious evidence.

  (c) Each party shall have the right to submit evidence, including the testimony of witnesses. Each party shall have the right to cross-examine witnesses and offer rebuttal evidence.

  (d) The ALJ may admit and consider hearsay evidence.

  (e) Upon application by a party, hearing requests involving the same person or persons and the same facts and circumstances may be consolidated or heard at the same time to promote administrative efficiency.

  (f) The ALJ may conduct an administrative hearing or accept testimony in person or by telephone, audiovisual communication, or other available means of communication, for the convenience of the parties or upon request of any party. A party may request permission to conduct the hearing or present testimony under this subsection by written motion in advance of the scheduled hearing date. Any other party may, at the discretion of the ALJ, object or otherwise respond to a motion under this subsection.

  (g) In conducting a hearing, the ALJ may utilize, or permit a party to utilize, any provision of the Indiana Rules of Evidence that is applicable to the particular testimony or document presented at the hearing and is not inconsistent with this section or the applicable provisions of IC 4-21.5-3-26.

  (h) Any issue not presented by an appellant in the administrative review, if applicable, or in the hearing request, is waived and shall not be considered in the hearing, unless the ALJ grants the appellant's request for consideration of the issue in the interest of fairness and justice, and one (1) of the following conditions applies:

(1) The appellant establishes excusable neglect or fraud in support of the failure to present the issue timely in the administrative review or hearing request.

(2) The interests of any other party will not be prejudiced or adversely affected by consideration of the issue at the hearing.

  (i) If all facts material to a decision are undisputed, the ALJ may, with agreement of the parties, dispense with an evidentiary hearing and issue a decision based on stipulated or otherwise undisputed facts and applicable law. (Department of Child Services; 465 IAC 3-3-13; filed Nov 14, 2012, 12:46 p.m.: 20121212-IR-465120404FRA)