Nature Of Hearing

Nature Of Hearing. (a) Unless the hearing examiner reasonably determines that a different procedure is appropriate, the hearing must be conducted in accordance with the following procedures: 1. The petitioner may present an opening statement on the merits and the respondent may then make a statement of the defense. The respondent may reserve his statement of the defense for the presentation of his case. 2. After his opening statement, if made, and the respondent's statement of the defense, if not reserved, the petitioner shall present his case in chief in support of the petition. 3. Upon conclusion of the petitioner's case in chief, the respondent may move for dismissal of the petition. The hearing examiner may grant, deny, or reserve decision on the motion, with or without argument. If no motion to dismiss is made, or if such motion is denied or decision is reserved thereon, the respondent shall then present his case in defense. 4. Upon conclusion of the respondent's case, the petitioner may present rebuttal evidence. 5. After the presentation of the evidence by the parties, the petitioner may present a closing argument. The respondent may then present his closing argument and the petitioner may then present a rebuttal argument. Thereafter the matter will stand submitted for decision. (b) All or part of the hearing may be conducted by telephone. (c) The hearing must be recorded by the hearing examiner on audio tape or other means of sound reproduction, unless it is reported stenographical for a party at the party's own expense, in which case the party must provide the original hearing transcript to the hearing examiner. (d) Unless otherwise ordered by the hearing examiner, the parties may submit written memoranda of points and authorities at any time before the hearing. The hearing examiner may order or allow the parties to file written memoranda of points and authorities after the conclusion of the hearing. (Adopted: 09/25/1991; Amended: 03/29/1993.)