01-13-09: CONDUCT OF HEARING:

In accordance with Idaho Code section 31-3505E, as amended, the Board shall hold a medical indigency hearing on an appeal of the Board's initial determination within seventy five (75) days of receipt of the notice of appeal. Medical indigency hearings before the County officials shall be conducted in general conformance with the following procedure:

   (1)   Generally: The Board or its designee may limit testimony and scope of the hearing as necessary. The Board, or its designee, if any, may at any time during the hearing freely inquire of anyone at the hearing, including staff. The Board desires to conduct hearings in a less formal setting rather than follow a rigid, trial-style procedure. An interested party may have legal representation at the hearing.

   (2)   Staff Report: The staff or respondent shall briefly review the proceedings in the particular case culminating in the hearing pending before the Board.

   (3)   Opening Statements: Any party may make a brief opening statement commencing with the appellant(s)/applicant(s) and followed by the respondent(s).

   (4)   Applicant/Appellant: The applicant(s)/appellant(s) bear the initial burden of proof and shall be allowed an opportunity to present testimony, documents, and other evidence which supports their position. An applicant/appellant may be represented by counsel.

   (5)   Respondent: When the applicant(s)/appellant(s) have concluded their case, the respondent shall be provided an opportunity to present any further testimony, documents, or other evidence.

   (6)   Applicant/Appellant Rebuttal: When the respondent has concluded its case, if any, the applicant(s)/appellant(s) shall be allowed a brief period for rebuttal. (Ord. 97-009, 4-28-1997)