TITLE 38: FINANCIAL INSTITUTIONS
CHAPTER II: DEPARTMENT OF FINANCIAL AND PROFESSIONAL REGULATION
PART 100 HEARINGS BEFORE THE DIVISION OF BANKING AND DIVISION OF FINANCIAL INSTITUTIONS
SECTION 100.170 HEARINGS


 

Section 100.170  Hearings

 

The sequence to be followed for all contested cases is as follows:

 

a)         Status Calls and Preliminary Hearings.  The purpose is to set a date on which all Parties expect to be prepared to proceed with their cases and to rule on any preliminary motions that are presented.

 

b)         Prehearings – Optional.  The purposes are set forth in Section 100.150.

 

c)         Formal 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 is presented by the Party bearing the burden of proof.

 

4)         Defense – Evidence may be presented by the opposing Party.

 

5)         Closing Statements – The Party bearing the burden of proof proceeds first, then the opposing Party, then a final word by the Party bearing the burden of proof.