TITLE 41: FIRE PROTECTION
CHAPTER III: BOARD OF BOILER AND PRESSURE VESSEL RULES
PART 2123 BOILER AND PRESSURE VESSEL RULES FOR HEARINGS
SECTION 2123.160 HEARINGS


 

Section 2123.160 Hearings

 

The sequence to be followed for all contested cases is as follows:

 

a) Preliminary Hearing. The purpose is to set a date on which all parties expect to be prepared and to rule on any preliminary motions which are presented. This may be eliminated by agreement of the parties, by the Board, or by the hearing officer.

 

b) Prehearing Conference Optional. The purposes are set out in Section 2123.150.

 

c) Hearings

 

1) Preliminary Matters Motion, attempts to narrow issues or limit evidence.

 

2) Opening Statements The party bearing the burden of proof proceeds first.

 

3) Case in Chief − Evidence and witnesses are presented by the party bearing the burden of proof. As witnesses' testimony is completed, they are subject to cross-examination.

 

4) Defense Evidence and witnesses may be presented by the opposing parties.

 

5) Closing Statements The party bearing the burden of proof proceeds first, then the opposing party, then a final word by the party bearing the burden of proof.

 

6) Board Report − Described in Section 2123.240.