| (a) A case shall be called to order by the impartial
hearing officer.
(b) Proceedings under Divisions 2 and 3 of this subchapter
(relating to Division for Blind Services and Division for Rehabilitation
Services and Division for Early Childhood Intervention Services) are
conducted according to the following:
(1) The appellant may state briefly the nature of the
claim or defense, what the appellant expects to prove, and the relief
sought. Immediately thereafter, DARS may make a similar statement,
and any other parties are afforded similar rights as determined by
the impartial hearing officer. The impartial hearing officer may limit
the time available for each party or authorized representative with
respect to such statement.
(2) Evidence is then introduced by the appellant. DARS,
or its authorized representative, and any other parties may cross-examine
each of the appellant's witnesses.
(3) Cross-examination is not limited solely to matters
raised on direct examination. Parties or authorized representatives
are entitled to redirect and recross-examination.
(4) Unless the statement has already been made, the
DARS or its authorized representative may briefly state the nature
of the claim or defense, what DARS expects to prove, and the relief
sought.
(5) Evidence, if any, is introduced by DARS. The appellant
and any other parties may cross-examine each of DARS' witnesses.
(6) Any other parties may make statements and introduce
evidence. The appellant and DARS may cross-examine the other parties'
witnesses.
(7) The parties may present rebuttal evidence.
(8) The parties may be allowed to make either oral
or written closing statements at the discretion of the impartial hearing
officer.
(9) The impartial hearing officer may examine any witness
and party.
(c) The order of proceedings set out in subsection
(b) of this section applies to proceedings under Division 4 of this
subchapter (relating to Office for Deaf and Hard of Hearing Services),
except that DARS bears the burden of proof and is entitled to present
its case first subject to cross-examination by the certificate holder
and any other parties. Once DARS rests, the certificate holder may
present his or her case.
(d) The impartial hearing officer may permit deviations
from this order of procedure in the interest of justice or to expedite
the proceedings.
(e) Parties shall provide four copies of each exhibit
offered.
(f) Burden of proof. The party seeking affirmative
relief, either on the case as a whole or on an issue, bears the burden
of proof to prove the affirmative of the issue, or the party's case
as a whole, by a preponderance of the evidence. In cases brought under
Division 4 of this subchapter, DARS bears the burden of proof.
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