Order of Proof

Order of Proof. Unless otherwise determined by the hearing officer, the order of proof shall be as follows: 1. A member of the Department’s staff, who may give a brief summary of the staff analysis and recommendation and may be questioned by any Affected Person and by the hearing officer. 2. The Applicant. Page 36 — Mississippi State Department of Health 3. Opponent(s), if any, in an order established by agreement between the opponent(s), or if no agreement is reached, by the hearing officer. If no opponent(s) are present, the Department may present witnesses, exhibits, and testimony, conduct questioning of the Applicant’s witnesses, make objections, argue, and submit proposed findings and conclusions. In this instance the Department should be represented by a staff attorney, who may be an employee of the Mississippi Attorney General’s Office. 4. Persons who wish to give evidence for themselves or on behalf of a group or organization. 5. Persons who wish to give evidence but are not listed on the sign-in sheet and who have not been sworn, who shall be sworn before giving testimony. 6. Rebuttal by the Applicant, limited to matters raised during the opponent’s case in chief. 7. Closing statements or arguments of counsel or Affected Persons. Waiver of closing statements at the hearing shall not entitle any party or Affected Person to argument before the State Health Officer. Argument shall normally be by simultaneous briefs submitted to the hearing officer within thirty (30) calendar days of the close of the hearing. 8. The hearing officer shall then close the hearing. All persons giving testimony shall state their name and organizational affiliation.