Section 68IAC21-7-9. Proceedings

   (a) The burden of proof is at all times on the petitioner. The charity gaming division of the Indiana gaming commission shall act as the respondent. The petitioner shall have the affirmative responsibility of establishing by a preponderance of the evidence that the:

(1) petitioner should have been awarded a license; or

(2) license should have been renewed.

  (b) Any testimony shall be given under oath or affirmation. The administrative law judge or recorder shall be authorized to administer oaths.

  (c) Both parties may present an opening statement on the merits. The petitioner proceeds first followed by the respondent. The respondent may not reserve opening statement for a later time. The administrative law judge may determine the length of time each party is permitted for the presentation of an opening statement.

  (d) The petitioner shall then present the petitioner's case-in-chief.

  (e) Upon conclusion of the petitioner's case-in-chief, the respondent may move for a directed finding. The administrative law judge may:

(1) hear arguments on the motion; or

(2) grant, deny, or reserve any decision thereon, with or without argument.

  (f) If:

(1) no motion for directed finding is made; or

(2) such motion is denied or decision reserved thereon;

the respondent may present its case.

  (g) Each party may conduct cross-examination of adverse witnesses.

  (h) Upon conclusion of the respondent's case, the petitioner may present evidence in rebuttal.

  (i) The administrative law judge may:

(1) ask questions of the witnesses; and

(2) request or allow additional evidence at any time, including additional rebuttal evidence.

  (j) Both parties may present closing argument. The petitioner proceeds first, then the respondent, and, thereafter, the petitioner may present rebuttal argument. The administrative law judge may determine the length of time each party is permitted for the presentation of closing argument.

  (k) The administrative law judge may require or allow the parties to submit posthearing briefs, proposed findings of fact and conclusions of law, or both, within:

(1) ten (10) days of the conclusion of the hearing; or

(2) such other time period the administrative law judge might order.

(Indiana Gaming Commission; 68 IAC 21-7-9; filed May 30, 2007, 8:28 a.m.: 20070627-IR-068060335FRA; readopted filed Nov 26, 2013, 3:58 p.m.: 20131225-IR-068130354RFA)