As the first order of business at a hearing, the presiding
officer shall call the docket by reading the docket number and caption and
shall state on the record when and how notice was given as to the time, place,
and nature of the hearing. The presiding officer may also make a concise
statement of the scope and purpose of the hearing and the issues involved.
After that, all parties, either on their own behalf or through their attorneys
or other authorized representatives, shall enter their appearances by giving
their names and addresses to the reporter, together with the party on whose
behalf they are appearing. The procedure in a hearing may be determined by
stipulation in a prehearing conference, or by the presiding officer, subject,
in either case, to approval, rejection, or modification by the commission.
Otherwise, the matters considered at a hearing, after all appearances have been
entered, will ordinarily be disposed of in substantially the following
order:
(1) pending motions;
(2) stipulations of the parties;
(3) opening statements;
(4) presentation of cases as follows, unless
otherwise ordered by the commission:
(A) in
regard to an investigation on motion of the commission, the commission will
hear
(i) the attorney general's direct
case;
(ii) each intervenor's direct
case in the order in which the petitions for intervention were filed with the
commission;
(iii) the respondent's
direct case; and
(iv) rebuttal by
the attorney general;
(B) in regard to proceedings in which the
operation of a tariff filing has been suspended, the commission will hear
(i) the applicant's direct case;
(ii) the attorney general's direct
case;
(iii) each intervenor's
direct case in the order in which the petitions for intervention were filed
with the commission; and
(iv)
rebuttal by the applicant;
(C) in regard to an application or petition,
the commission will hear
(i) each applicant's
or petitioner's direct case in the order in which the applications or petitions
were filed with the commission;
(ii) the attorney general's direct
case;
(iii) each intervenor's
direct case in the order in which the petitions for intervention were filed
with the commission; and
(iv)
rebuttal by each applicant or petitioner in the order in which the applications
or petitions were filed with the commission;
(D) in regard to complaints, the commission
will hear
(i) the complainant's direct
case;
(ii) the attorney general's
direct case;
(iii) each
intervenor's direct case in the order in which the petitions for intervention
were filed with the commission;
(iv) the respondent's direct case;
and
(v) rebuttal by the
complainant;
(5) statements by participants, protestants,
or any other interested members of the public will be scheduled at the
discretion of the presiding officer at any convenient point during the
hearing.
