|(a) When the examiner excludes evidence, the party
offering the evidence shall be permitted to make an offer of proof
prior to the close of the hearing.
(1) The party may make the offer in question and answer
form, or by dictating or submitting in writing the substance of the
(2) The examiner may direct the manner in which the
offer is made and may ask questions if necessary to conclude that
the evidence would be as represented.
(3) The examiner and opposing parties shall be entitled
to cross-examine any witness testifying on an offer of proof.
(b) The examiner may direct that offers of proof be
transcribed separately and that reporter's costs be assessed against
the proponent of the evidence, subject to the Commissioners' review
of the examiner's ruling.