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Hearing officer to take opening statements in executive session; witness to be sworn in public session
Summary
Because testimony will involve confidential medical information and the respondent will be the sole witness, the hearing officer said opening statements would occur in executive session, the witness would be sworn in public for non-confidential testimony, and confidential testimony and closing arguments would return to executive session.
Hearing Officer Aiden Baum told the parties he intended to take opening statements in executive session given anticipated confidential testimony under statute, then return to public session to swear in the respondent and take non-confidential testimony before moving back into executive session for confidential portions and closing argument. "I intend to take opening statements in executive session... and then return to regular session to swear the witness and take in testimony," he said.
Both Department counsel Julian Gutayas and Attorney Richard Brown agreed to that sequence on the record; Brown asked for clarification about when the witness would be sworn, and Baum confirmed he would leave public session to swear the witness and then return to executive session for the remainder. Parties were reminded there was a separate connection for the executive session link and the hearing transitioned to that closed segment for opening statements.
