Section R2-19-116. Conduct of Hearing

A.      Public access. Unless otherwise provided by law, all hearings are open to the public.

B.       Opening. The administrative law judge shall begin the hearing by reading the caption, stating the nature and scope of the hearing, and identifying the parties, counsel, and witnesses for the record.

C.      Stipulations. The administrative law judge shall enter into the record any stipulation, settlement agreement, or consent order entered into by any of the parties before or during the hearing.

D.      Opening statements. The party with the burden of proof may make an opening statement at the beginning of a hearing. All other parties may make statements in a sequence determined by the administrative law judge.

E.       Order of presentation. After opening statements, the party with the burden of proof shall begin the presentation of evidence, unless the parties agree otherwise or the administrative law judge determines that requiring another party to proceed first would be more expeditious or appropriate, and would not prej- udice any other party.

F.       Examination. A party shall conduct direct and cross examina- tion of witnesses in the order and manner determined by the administrative law judge to expedite and ensure a fair hearing. The administrative law judge shall make rulings necessary to prevent argumentative, repetitive, or  irrelevant  questioning and to expedite the examination to the extent consistent with the disclosure of all relevant testimony and information.

G.      Closing argument. When all evidence has been received, par- ties shall have the opportunity to present closing oral argu- ment, in a sequence determined by the administrative law judge. The administrative law judge may permit or require closing oral argument to be supplemented by written memo- randa. The administrative law judge may permit or require written memoranda to be submitted simultaneously or sequen- tially, within time periods the administrative law judge may prescribe.

H.      Conclusion of hearing. Unless otherwise provided by the administrative law judge, the hearing is concluded upon the submission of all evidence, the making of final argument, or the submission of all post  hearing memoranda, whichever occurs last.

Historical Note

Section adopted by final rulemaking at 5 A.A.R. 563, effective February 3, 1999 (Supp. 99-1).