19-7-4 Hearings; appointment of pre-
siding member. (a) Who shall conduct, appoint-
ment of presiding member. Hearings and rehear-
ings shall be conducted by hearing commissioners
designated by the chairperson. Such commission-
ers may consist of the commission as a whole or a
committee thereof. If a committee of hearing
commissioners is appointed, it shall consist of not
less than three (3) members, not more than a ma-
jority shall be of the same political party. One
hearing commissioner shall be designated as pre-
siding member by the chairperson. The hearing
commissioners and presiding member shall be
designated when a final determination of probable
cause is made or in a reasonable time thereafter.
The hearing commissioners shall have full author-
ity to review and overrule any decision of the pre-
siding member regarding the procedure of the
preconference hearing, hearings, and rehearings,
including decisions to admit or exclude testimony
or other evidence, and to rule upon all motions
(b) Order of procedure. In hearings, the peti-
tioner, complainant, or other party having the bur-
den of proof, as the case may be, shall open and
close, unless otherwise directed by the presiding
member. In proceedings where the evidence is
peculiarly within the knowledge or control of an-
other participant, the order or presentation may
be varied by the presiding member.
(c) Presentation by the petitioners or parties.
Petitioners or parties shall have the right of pres-
entation of evidence, cross-examination, objection
and motion. The taking of evidence and subse-
quent proceedings shall proceed with all reason-
able diligence and with the least practicable delay.
When objections to the admission or exclusion of
evidence before the presiding member are made,
the grounds relied upon shall be stated briefly.
Formal exceptions are unnecessary and shall not
be taken to rulings thereon.
(d) Oral examination. Witnesses whose testi-
mony is to be taken shall be sworn, or shall affirm,
before their testimony shall be deemed evidence
in the proceeding or any questions are put to
(e) Fees of witnesses. Witnesses subpoenaed by
the commission shall be paid the same fees and
mileage as are paid for like services in civil actions
in the district court.
(f) Duties of the presiding member. Duties of
the presiding member include, but are not limited
to, the following:
(1) administer the oath;
(2) rule on proof;
(3) regulate the hearing;
(4) exclude people from the hearing;
(5) hold conferences for simplification of issues;
(6) dispose of procedural requests;
(7) authorize and set times for filing of briefs;
(8) grant continuances;
(9) and take any other action consistent with the
purpose of relevant law administered by the com-
mission and consistent with these rules.
(g) Stipulations. Written stipulations may be in-
troduced in evidence, if signed by the persons
who seek to be bound by them, or by their attor-
neys. Oral stipulations may be made on the record
at open hearings or rehearings.
(h) Waiver of objections. Any objection not
timely made before the presiding member shall
be deemed waived unless the failure or neglect to
urge such objection shall be excused for good
cause by the presiding member.
(i) Continuances and adjournments. The pre-
siding member may postpone a scheduled hearing
or continue a hearing from day to day or adjourn
it to a later day or to a different place by an-
nouncement at the hearing or by appropriate no-
tice to all petitioners or parties.
(j) Burden of proof. Affirmative findings of fact
by the commission shall be based on clear and
convincing evidence. (Authorized by K.S.A. 1979
Supp. 25-4119a, 46-253; effective, E-76-52, Oct.
24, 1975; effective, E-77-20, May 1, 1976; effec-
tive Feb. 15, 1977; amended May 1, 1980.)