Section 200.440  Hearings

The sequence to be followed for each contested case is as follows:

a)         Pre-Hearing Conference – Optional.  The purposes are set out in Section 200.436 of this Part; and

b)         Hearings

1)         Preliminary matters – Motions, attempts to narrow issues or limit evidence;

2)         Opening Statements – The party bearing the burden of proof proceeds first;

3)         Case in Chief – Evidence and witnesses are presented by the party bearing the burden of proof.  As a witness' testimony is completed, he or she is subject to cross-examination;

4)         Defense (including affirmative defense) – Evidence and witnesses may be presented by the opposing parties;

5)         Rebuttal;

6)         Closing Statements – The party bearing the burden of proof proceeds first, then the opposing party, then a final reply by the party bearing the burden of proof; and

7)         Administrative Law Judge's Report.