Section 1.10. Close of hearing and evidence.

 

(1)  Evidence in any proceeding will be declared closed when due opportunity to furnish relevant evidence, including proper cross-examination of witnesses and rebuttal, has been afforded all parties. If by stipulation of the parties or by direction of the examiner documentary evidence is permitted or directed to be introduced subsequent to the close of testimony, the evidence will be declared closed when such documentary evidence is received or when the specified time for furnishing it has elapsed without its being furnished. The examiner may extend the time as originally prescribed for filing such evidence.

(2)  When the evidence is closed, but before a proposed decision is issued, the examiner may reopen the hearing for the taking of further evidence.

(3)  A hearing is closed when evidence is closed and when after the proposed decision is issued any period fixed for filing of briefs, comments or presentation of oral argument has expired. If the time for filing briefs or comments has expired and the briefs or comments of one or more parties are not filed within that time, the commissioner may proceed to final determination of the proceeding.

History: Cr. Register, October, 1982, No. 322 , eff. 11-1-82; am. (3), Register, August, 1986, No. 368 , eff. 9-1-86.