Section 201.12.15. Order of proceedings.

Before testimony is presented, the record shall show the identity of the administrative law judge, the identity of the primary parties and their representatives, and of the fact that all testimony is being recorded. Hearings shall generally be conducted in the following order, subject to the modification at the discretion of the administrative law judge conducting the proceedings.

        1.            The presiding officer or designee may read a summary of the charges and answers thereto, and other responsive pleadings filed by the respondent prior to the hearing.

        2.            The assistant attorney general or other person representing the state or department interest before the administrative law judge shall make a brief opening statement which will be a summary of the charges and the witnesses and documents to support such charges.

        3.            The respondent or respondents shall each be offered the opportunity to make an opening statement, including the names of any witnesses the respondent(s) desires to call in defense. A respondent may elect to make the opening statement just prior to the presentation of evidence by the respondent.

        4.            Presentation of evidence on behalf of the department.

        5.            The presentation of evidence on behalf of the respondent(s).

        6.            Rebuttal evidence on behalf of the state or department, if any.

        7.            Rebuttal evidence on behalf of the respondent(s), if any.

        8.            Closing arguments first on behalf of the state or department, then on behalf of the respondent, and then on behalf of the state or department, if any.