340:2-5-118. Presence of Department of Human Services (DHS) employees or DHS records at hearings
An administrative hearing officer (AHO) does not have the authority to issue subpoenas for the presence of people or production of evidence at hearings.
(1) An AHO, at the request of an appealing party or on his or her own motion, may require the presence at a hearing of:
(A) a particular DHS employee;
(B) DHS records; and
(C) other DHS evidence.
(2) An appealing party request for the presence of a DHS employee, DHS documents, or other evidence, is granted by the AHO only when the appealing party shows that the presence of the DHS employee or evidence is:
(A) relevant to the issues involved in the hearing;
(B) necessary for determination of the issue;
(C) not otherwise obtainable by the appealing party; and
(D) not confidential pursuant to state or federal law.
(3) When the AHO determines that a DHS employee needs to be present, or the records or evidence in DHS possession are to be produced at the hearing, the AHO gives notice to the DHS employee or office where the evidence is located of the date, time, and location of the hearing.