31A-2-301 - Special hearing officers, witness and mileage fees.
31A-2-301. Special hearing officers, witness and mileage fees.
(1) If the commissioner considers it necessary because of the technicality or complexityof the subject, he may appoint a special hearing officer from outside the department staff and maycontract for a reasonable professional fee for the services.
(2) (a) In hearings before the commissioner, witness fees and reimbursement for mileagetraveled, if claimed, shall be allowed at the same rate as in district courts.
(b) Witness fees and reimbursement for mileage, together with the actual expensenecessarily incurred in securing attendance of witnesses and their testimony, and the hearingofficer's fee and reasonable actual expenses, shall be paid by the Insurance Department.
(c) The commissioner shall be reimbursed for these costs as provided in Section31A-2-205 if:
(i) the hearing is incident to an examination for which costs are payable under Section31A-2-205; or
(ii) the commissioner orders the persons involved in the hearing to reimburse thedepartment for hearing costs, which the commissioner may do if he had reasonable cause tobelieve that the order which issued or might have issued was necessary.
(3) Whenever the commissioner is reimbursed for costs under this section, theexpenditures shall not be charged against the department budget.
Amended by Chapter 91, 1987 General Session
Amended by Chapter 161, 1987 General Session