1. (a)

   1. (1) The Arkansas Public Service Commission may call a hearing to assist it in deciding any matter.
   2. (2) Any matter may be decided without a hearing based on the filed materials unless a hearing is required by law or any rule.

2. (b) The conduct of the hearing is at the Arkansas Public Service Commission’s discretion unless required by:

   1. (1) Due process of law;
   2. (2) Statute; or
   3. (3) Any rule.
3. (c) Unless otherwise ordered, the Arkansas Public Service Commission shall provide an opportunity for relevant public comment at the hearing.

4. (d)

   1. (1) Unless otherwise ordered or agreed by the parties, the order of presenting evidence at the hearing shall be:

      1. (A) The applicant, complainant, or other moving party;
      2. (B) Other parties in interest and intervenors;
      3. (C) The Attorney General if a party; and
      4. (D) Staff.
   2. (2) If the Attorney General or staff is the applicant or moving party, it shall present its evidence first.
5. (e) The burden of proof in any case shall be on the applicant, complainant, or other moving party.
6. (f) At its discretion, the Arkansas Public Service Commission may allow opening statements or closing arguments and, if allowed, may impose reasonable limitations thereon.

Codification Notes: This section was promulgated as Rule 4.07 of the Rules of Practice and Procedure prior to codification in the Code of Arkansas Rules.