§ 20-10-1907 - Informal dispute resolution hearing -- Conduct.
20-10-1907. Informal dispute resolution hearing -- Conduct.
(a) (1) In all cases except record review, the facility shall present the initial arguments.
(2) The Office of Long-Term Care shall then present its arguments.
(b) (1) The hearing shall be limited to no more than two (2) hours in length, with each party being permitted one (1) hour to present its arguments.
(2) However, the impartial hearing officer may grant each party additional equal time for good cause as determined by the impartial decision maker.
(c) (1) Rules of evidence or procedure shall not apply except as provided in this section.
(2) The impartial decision maker may:
(A) Accept any information that the impartial decision maker deems material to the issue being presented; and
(B) Reject any information that the impartial decision maker deems immaterial to the issue being presented.
(d) (1) The hearing may not be recorded.
(2) However, the impartial decision maker may make written or recorded notes of the arguments.
(e) Only employees of the facility, attending physicians of residents of the facility at the time of the deficiency, pharmacists providing medications to residents of the facility at the time of the deficiency, and consultant pharmacists or nurse consultants utilized by the facility, or the medical director of the facility may appear or participate at the hearing for or on the behalf of the facility.
(f) Only employees of the office may appear or participate at the hearing for or on behalf of the office.
(g) No party may be represented by an attorney.