The party may present testimonial and documentary evidence subject to cross-examination by the opposing party or counsel. Cross-examination is an opportunity for the opposing party or counsel to question the witness. It is not an appropriate time for the opposing party or counsel to respond or debate the witness testimony. Sometimes the ALJ will change the normal order of presentation to make the hearing go more smoothly. Upon completion of that presentation, the opposing party may, but is not required to, present evidence in support of that party s position.
Any witness presented by that party is subject to cross-examination by the opposing party.
Upon completion of that presentation, the party with the burden of proof may request an opportunity to present rebuttal evidence. However, such evidence should not be redundant, repetitive or cumulative to the party s prior evidence. After all evidence has been presented, the parties are then given an opportunity to present closing statements. Closing statements are not evidentiary. They are statements made summarizing each party s respective position.