09.03.03.09

.09 Hearing Rules.

A. Only the persons or organizations receiving notice under Regulation .08 of this chapter are parties to the hearing.

B. All hearings shall be open to the public.

C. Each party to the hearing shall be permitted to make a short opening statement outlining his position.

D. Following the opening statements, the applicant and then each of the other parties to the hearing shall present its data and materials, oral and documentary.

E. Each party is responsible for obtaining the party's witnesses for the hearing. All witnesses shall be sworn.

F. The Presiding Officer may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonable and prudent men in the conduct of their affairs. The Presiding Officer shall give effect to the rules of privilege recognized by law. He may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.

G. Each party may cross-examine the witnesses who testify and may submit rebuttal evidence.

H. At appropriate points during a hearing, the Presiding Officer may recognize anyone for the purpose of asking questions of a witness. The hearing panel may call witnesses of its own or recall witnesses of a party for the purpose of eliciting facts or opinions. The hearing panel may call for the production of documents relevant to the proceedings and may file them in the case.

I. The Presiding Officer shall arrange to have all hearings recorded. Parties requesting copies of the transcript shall bear the expense of the copies.

J. The record shall consist of all the information submitted to the Presiding Officer and the testimony and exhibits presented at the hearing that information which is protected from disclosure in accordance with Regulation .06 of this chapter does not lose that status by virtue of its having been considered by the hearing panel.

K. Judicial Notice and Expertise. The Presiding Officer may take notice of judicially cognizable facts and, in addition, may take notice of general, technical, or scientific facts within his specialized knowledge. The parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material so noticed, and shall be afforded an opportunity to contest the facts so noticed. The Presiding Officer may utilize his experience, technical competence, and specialized knowledge, and that of the other members of the hearing panel, in the evaluation of the evidence presented to the hearing panel.