31A-2-301. Special hearing officers, witness and mileage fees.
(1) If the commissioner considers it necessary because of the technicality or complexity
of the subject, he may appoint a special hearing officer from outside the department staff and may
contract for a reasonable professional fee for the services.
(2) (a) In hearings before the commissioner, witness fees and reimbursement for mileage
traveled, if claimed, shall be allowed at the same rate as in district courts.
(b) Witness fees and reimbursement for mileage, together with the actual expense
necessarily incurred in securing attendance of witnesses and their testimony, and the hearing
officer'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 Section
31A-2-205 if:
(i) the hearing is incident to an examination for which costs are payable under Section
31A-2-205; or
(ii) the commissioner orders the persons involved in the hearing to reimburse the
department for hearing costs, which the commissioner may do if he had reasonable cause to
believe that the order which issued or might have issued was necessary.
(3) Whenever the commissioner is reimbursed for costs under this section, the
expenditures shall not be charged against the department budget.
Amended by Chapter 91, 1987 General Session
Amended by Chapter 161, 1987 General Session
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Last revised: Thursday, May 28, 2009