§730.280. Hearings

a)         All Administrative Hearings shall be conducted at a location determined by the Treasurer, unless otherwise agreed to by the Parties and the Hearing Officer.

 

b)         The sequence to be followed for all Administrative Hearings is as follows:

 

1)         Preliminary Hearing − The purpose is to set a date on which all Parties expect to be prepared and to rule on any preliminary motions that are presented. This may be eliminated by agreement of the Parties and/or ordered by the Hearing Officer.

 

2)         Prehearing Conference.

 

3)         Hearings

 

A)        Preliminary Matters − motions, attempts to narrow issues or limit evidence;

 

B)        Opening Statements − the Party bearing the burden of proof proceeds first;

 

C)        Case in Chief − evidence and witnesses are presented by the Party bearing the burden of proof. After a witness' testimony is completed, he or she is subject to cross-examination;

 

D)        Defense − evidence and witnesses may be presented by the opposing Party;

 

E)        Closing Statements − the Party bearing the burden of proof proceeds first, then the opposing Party, then a final reply by the Party bearing the burden of proof; and

 

F)         Final Decision.