(a) The U.S. Registered Pilot may appear in person or by counsel and may testify at the hearing, call witnesses on their own behalf, and cross-examine witnesses appearing on behalf of the Director.

(1) In any case in which the U.S. Registered Pilot, after being duly served with the notice of the time and place of the hearing, fails to appear at the time and place specified for the hearing, a notation to that effect must be made in the record and the hearing may then be conducted “in absentia.”

(2) The Administrative Law Judge must also cause to be placed in the record all the facts concerning the issuance and service of the notice of hearing and the allegations against the U.S. Registered Pilot.

(b) The Director, through counsel, must appear, present evidence, call witnesses, and cross-examine the witnesses called on behalf of the U.S. Registered Pilot.

(c) At the discretion of the Administrative Law Judge, other witnesses may testify at the hearing.