| (a) Opening the hearing. The examiner shall call the
hearing to order and make a concise statement of its scope and purposes.
All parties shall then enter their appearances. Thereafter, parties
may make motions or opening statements.
(b) Order of procedure. Parties shall be permitted
to make opening statements, offer direct evidence, cross-examine witnesses,
and present supporting arguments. The party having the burden of proof
shall be entitled to open and close. When several proceedings are
heard on a consolidated record or when the proceeding has been initiated
by the Commission, the examiner shall designate who may open and close.
The examiner shall determine at what stage intervenors will be permitted
to offer evidence. The examiner may direct that closing arguments
be made in writing. The examiner may alter the order of procedure
if necessary for efficient conduct of the hearing.
(c) Voir dire. Voir dire examination to evaluate the
qualifications of a witness to testify may be permitted but will not
be substituted for cross-examination.
(d) Rebuttal. The petitioner, applicant, or complainant
may rebut evidence and argument presented by protestants or intervenors.
The examiner may allow additional rebuttal from other parties.
(e) Additional evidence. The Commissioners, Hearings
Director, or examiner may subpoena records or may call upon or subpoena
for additional evidence on any issue any party, person, or employee
of the Commission who is not assigned to render a decision or to make
findings of fact and conclusions of law for additional evidence on
any issue. Additional evidence shall not be admitted without an opportunity
for examination, objection, and rebuttal by all parties.
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