Section 1800.750  Proceedings

a)         All testimony shall be given under oath or affirmation.

b)         Both parties may present opening statements.  The Board will proceed first.

c)           The Board shall then present its case.  The Board shall establish the charges contained in the notice of proposed disciplinary action by a preponderance of the evidence.

d)         Upon the conclusion of the Board's case, the licensee may move for a directed finding.  The Administrative Law Judge may hear arguments on the motion or may grant, deny or reserve decision on the motion, without argument.

e)         If no motion for directed finding is made, or if such motion is denied or decision reserved, the licensee may present its case.

f)         The licensee bears the burden of rebutting the charges contained in the notice of proposed disciplinary action by clear and convincing evidence.

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

h)         Upon the conclusion of the licensee's case, the Board may present evidence in rebuttal.

i)          If the Board presents rebuttal evidence, the licensee may present additional, non-cumulative, evidence in surrebuttal.

j)          Both parties may present closing arguments.  The licensee proceeds first, then the Board and thereafter the licensee may present rebuttal argument.