Section 106.732  Order and Conduct of Hearing

a)         The following will be the order of all involuntary termination hearings under this Subpart, unless modified by the hearing officer for good cause:

1)         Present, argue and dispose of preliminary motions on the matters that the statement of deficiency raises;

2)         Present opening statements;

3)         Complainant's case in chief;

4)         Respondent's case in chief;

5)         Complainant's case in rebuttal;

6)         Statements from interested citizens, as the hearing officer authorizes;

7)         Complainant's opening argument, which may include legal argument;

8)         Respondent's closing argument, which may include legal argument;

9)         Complainant's closing argument, which may include legal argument;

10)         Present and argue all motions before submitting the transcript to the Board; and

11)         A schedule to submit briefs to the Board.

b)         All hearings under this Subpart will be public, and any person not a party and not otherwise a witness for a party may submit written statements relevant to the subject matter of the hearing.  Any party may cross-examine any person who submits a statement.  If the person is not available to be cross-examined upon timely request, the written statement may be stricken from the record. The hearing officer will permit any person to offer reasonable oral testimony whether or not a party to the proceedings.

c)         All witnesses will be sworn.

d)         At the conclusion of the hearing, the hearing officer will make a statement about the credibility of witnesses.  This statement will be based upon the hearing officer's legal judgment and experience and will indicate whether he or she finds credibility to be at issue in the proceeding and if so, the reasons why.  This statement will become a part of the official record and will be transmitted by the hearing officer to each of the parties.  No other statement will be made or be appropriate unless the Board orders otherwise.