SECTION 850.76. Order of Proceedings

(a) A case shall be called to order by the IHO.

(b) Proceedings under this subchapter are conducted according to the following provisions:

(1) The appellant may briefly state the nature of the claim or defense, what the appellant expects to prove, and the relief sought. Immediately thereafter, the Agency may make a similar statement, and any other parties are afforded similar rights as determined by the IHO. The IHO may limit the time available for each party or authorized representative with respect to such statement.

(2) Evidence is introduced by the appellant. The Agency, or its authorized representative, and any other parties may cross-examine each of the appellant's witnesses.

(3) Cross-examination is not limited solely to matters raised on direct examination. Parties or authorized representatives are entitled to redirect and recross-examination.

(4) Unless the statement has already been made, the Agency or its authorized representative may briefly state the nature of the claim or defense, what the Agency expects to prove, and the relief sought.

(5) Evidence, if any, is introduced by the Agency. The appellant and any other parties may cross-examine each of the Agency's witnesses.

(6) Any other parties may make statements and introduce evidence. The appellant and the Agency may cross-examine the other parties' witnesses.

(7) The parties may present rebuttal evidence.

(8) The parties may be allowed to make either oral or written closing statements at the discretion of the IHO.

(9) The IHO may examine any witness and party.

(c) The IHO may permit deviations from this order of procedure in the interest of justice or to expedite the proceedings.

(d) Parties shall provide four copies of each exhibit offered.

(e) Burden of proof. The party seeking affirmative relief, either on the case as a whole or on an issue, bears the burden of proof to prove the affirmative of the issue, or the party's case as a whole, by a preponderance of the evidence.

Source Note: The provisions of this §850.76 adopted to be effective May 13, 2019, 44 TexReg 2364