(a) The hearing officer will conduct the hearing in the following manner:

1. (1)

   1. (A) The hearing officer will give an opening statement to describe the nature of the proceedings for the record.
   2. (B) This statement will include:

(i) The date, time, and location of the hearing; and

1. (ii) An identification of the parties present;

2. (2)

   1. (A) A representative from each school district will have the opportunity to present an opening statement of no longer than five (5) minutes, beginning with the appealing school district.
   2. (B) The hearing officer may, only for good cause shown and upon request of either district, allow either district additional time to present their case;

3. (3)

   1. (A) A representative from each school district will be allowed one (1) hour to present their case, beginning with the appealing school district.
   2. (B) The hearing officer may, only for good cause shown and upon request of either district, allow either district additional time to present their case;

4. (4)

   1. (A) A representative from each school district will be allowed ten (10) minutes to present a closing argument, beginning with the appealing school district.
   2. (B) The hearing officer may, only for good cause shown and upon request of either district, allow either district additional time to present their case; and

5. (5)

   1. (A) The hearing officer may ask questions of any party or witness at any time throughout the proceedings.
   2. (B) The hearing officer may also request exhibits or call witnesses at his or her discretion.

(b)

1. (1) The hearing will be recorded by a certified court reporter.

2. (2) Every witness giving oral testimony:

   1. (A) Must be sworn under oath by the court reporter; and

   2. (B) Will be subject to direct examination, cross examination, and questioning by the hearing officer.

      1. (c)
3. (1) As noted in 6 CAR § 36-104(h), the briefs of both districts shall become a part of the official record of the proceedings.

4. (2) Additional documents or exhibits offered during the hearing will be included in the official record of the proceedings if those documents are relevant to the matter in dispute and not cumulative.

   1. (d) For purposes of the record, documents offered during the hearing:
5. (1) By the appealing district shall be clearly marked in sequential, numeric order (e.g., 1, 2, 3); and
6. (2) By the responding district shall be clearly marked in sequential, alphabetic letters (e.g., A, B, C).

(f) The hearing officer may:

1. (1) Announce his or her decision immediately after hearing all arguments and evidence; or
2. (2) Take the matter under advisement.

(g)

1. (1) Within ten (10) business days after the hearing, the hearing officer shall issue a final order including findings of fact and conclusions of law.
2. (2) The superintendents of both school districts will be served either personally or by mail with a copy of the order.