Section 71IAC10-3-10. Order of hearing

   (a) The administrative law judge shall:

(1) open the hearing;

(2) make a concise statement of its scope and purposes; and

(3) announce that a record of the hearing is being made.

  (b) When a hearing has begun, a party or a party's representative may make statements off the record only as permitted by the administrative law judge. If a discussion off the record is pertinent, the administrative law judge shall summarize the discussion for the record.

  (c) Each appearance by a party, a party's representative, or a person who may testify must be entered on the record.

  (d) The administrative law judge shall receive motions and afford each party of record an opportunity to make an opening statement.

  (e) Except as otherwise provided by this subsection, the party with the burden of proof is entitled to open and close. The administrative law judge shall designate who may open and close in a hearing on a proceeding if the proceeding was initiated by the commission or if several proceedings are heard on a consolidated record.

  (f) After opening statements, the party with the burden of proof may proceed with the party's direct case. Each party may cross examine each witness.

  (g) After the conclusion of the direct case of the party having the burden of proof, each other party may present their direct case and their witnesses will be subject to cross examination.

  (h) The members of the commission or the administrative law judge, or both, may examine any witnesses.

  (i) At the conclusion of all evidence and cross examination, the administrative law judge shall allow closing statements.

  (j) Before writing a report or proposal for decision if required by law, the administrative law judge may call on a party for further relevant and material evidence on a issue. The administrative law judge may not consider the evidence or allow it into the record without giving each party an opportunity to inspect and rebut the evidence. (Indiana Horse Racing Commission; 71 IAC 10-3-10; emergency rule filed Feb 10, 1994, 9:20 a.m.: 17 IR 1204; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA; filed Nov 10, 2014, 2:07 p.m.: 20141210-IR-071140230FRA)