Title: Section 519.19 - Witnesses.

519.19 Witnesses. (a) Witnesses will testify under oath or affirmation and will be subject to cross-examination.

(b) All witnesses will be sworn by the hearing officer and present testimony under direct and cross-examination in view of the hearing officer in order that his/her demeanor may be observed by the hearing officer.

(c) All testimony will be given in response to questions posed directly to the witness by either party or his/her representative on direct or cross-examination, or by the hearing officer where necessary to fully explore the facts of the case. Hypothetical questions need not be used, and expert witnesses may testify directly as to their opinions and reasons without specifying the data upon which they are based or by reference to the department's determination. However, upon cross-examination, experts may be required to specify the data and other criteria supporting their opinions.

(d) Undercover investigators employed by the department may testify behind a screening device or otherwise in order to block the view of the appellant or the witness as he/she testifies and enters and leaves the hearing room. Such a procedure, which to the hearing officer is appropriate under the circumstances, may be employed only when the department determines and states for the record that the safety of the witness may be in jeopardy by his/her unscreened testimony, or that his/her usefulness as an undercover operator may be compromised by his/her unscreened testimony, or that his/her usefulness as an undercover operator may be compromised by his/her being observed by the appellant.

(e) Affidavits or transcripts of prior testimony may be introduced as evidence where the witness is without the State or otherwise unavailable, however, such testimony may not be accepted as sole proof of a fact unless otherwise qualified under an exception to the hearsay rules.

 

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VOLUME C (Title 18)

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