(a) General rules.
(1) Conduct of
hearings. Hearings must be conducted so as to provide a fair
and expeditious presentation of the relevant disputed issues. Each
party has the right to present its case or defense by oral and documentary
evidence and to conduct such cross examination as may be required
for full disclosure of the facts.
8-078.1
(2) Order of
hearing. Enforcement counsel will present its case-in-chief first,
unless otherwise ordered by the ALJ, or unless otherwise expressly
specified by law or regulation. Enforcement counsel will be the first
party to present an opening statement and a closing statement and
may make a rebuttal statement after the respondent’s closing
statement. If there are multiple respondents, respondents may agree
among themselves as to their order of presentation of their cases,
but if they do not agree, the ALJ will fix the order.
(3) Examination
of witnesses. Only one counsel for each party may conduct an
examination of a witness, except that in the case of extensive direct
examination, the ALJ may permit more than one counsel for the party
presenting the witness to conduct the examination. A party may have
one counsel conduct the direct examination and another counsel conduct
re-direct examination of a witness, or may have one counsel conduct
the cross examination of a witness and another counsel conduct the
re-cross examination of a witness.
(4) Stipulations. Unless the ALJ directs otherwise, all stipulations of fact and law
previously agreed upon by the parties, and all documents, the admissibility
of which have been previously stipulated, will be admitted into evidence
upon commencement of the hearing.
8-078.2
(b) Transcript. The hearing must be recorded
and transcribed. The reporter will make the transcript available to
any party upon payment by that party to the reporter of the cost of
the transcript. The ALJ may order the record corrected, either upon
motion to correct, upon stipulation of the parties, or following notice
to the parties upon the ALJ’s own motion.
(c) Electronic presentation. Based
on the circumstances of each hearing, the ALJ may direct the use of,
or any party may use, an electronic presentation during the hearing.
If the ALJ requires an electronic presentation during the hearing,
each party will be responsible for their own presentation and related
costs, unless the parties agree to another manner in which to allocate
presentation responsibilities and costs.
