Section 1900.850  Proceedings

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

b)         Both parties may present opening statements.  Petitioner shall proceed first.

c)         Petitioner shall then present petitioner's case-in-chief.

d)         The burden of proof is at all times on petitioner.  Petitioner shall have the affirmative responsibility of establishing by clear and convincing evidence that Petitioner is suitable for licensure.

e)         Upon the conclusion of petitioner's case-in-chief, the Board may move for a directed finding.  The ALJ may hear arguments on the motion or may grant, deny or reserve decision, without argument.

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

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

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

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

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