Section 33. Order Of Presentation And Receipt Of Evidence

Evidence will ordinarily be received in the order prescribed in this section unless otherwise directed by the commission or presiding officer. In hearing several proceedings upon a consolidated record, the presiding officer shall designate the order of presentation. A. Investigation on motion of the commission: (1) respondent; (2) intervenors; (3) staff; and (4) rebuttal by respondent. B. Applications and petitions: (1) applicant or petitioner; (2) intervenors; (3) staff; and (4) rebuttal by applicant and petitioner. C. Formal complaints: (1) complainant; (2) respondent; (3) intervenors; (4) staff; and (5) rebuttal by complainant. D. Order to show cause: (1) staff; (2) intervenors; (3) respondent; and (4) rebuttal by staff; E. Order to cease and desist. (1) staff, 1.2.2 NMAC 29 (2) respondent, and (3) rebuttal by staff. F. In other public hearings, at the discretion of the presiding officer.