1. (a) Presentation of evidence. The party of record bearing the burden of proof shall present its evidence first with the opportunity for rebuttal after presentation of evidence by the opposing party or parties of record, unless the administrative hearing officer otherwise directs for the convenience of the parties and witnesses and in the interest of justice.
2. (b) Standard of review. The standard of review in an adjudicatory hearing is a preponderance of the evidence.

3. (c) Acceptance of evidence.

   1. (1)

      1. (A) The administrative hearing officer shall receive into evidence any testimony or other evidence that is admissible under the Arkansas Rules of Evidence.
      2. (B) Where evidence is excluded by the administrative hearing officer, the party offering the evidence may make a proffer of the evidence under subsection (a)(2) of Rule 103 of the Arkansas Rules of Evidence.
      3. (C) The administrative hearing officer shall have discretion to receive any evidence that may assist in a proper determination of the pertinent facts, even though such evidence might not strictly be admissible under the Arkansas Rules of Evidence.
      4. (D) The discretion of the administrative hearing officer to deviate from the customary rules of evidence shall not extend to matters which would impair a privilege established by law.
   2. (2) The administrative hearing officer may in his or her discretion allow a party to introduce testimony by telephonic means if all the parties to the proceeding agree to the procedural manner in which the testimony shall be offered and recorded.

   3. (3)

      1. (A) Each party is responsible for providing the Arkansas Pollution Control and Ecology Commission secretary with a PDF version of that party’s documentary exhibits which are admitted into evidence at an adjudicatory hearing.
      2. (B) If circumstances warrant, a party may request a waiver of the requirement to submit the documentary exhibits in a PDF version.

Codification Notes: “PDF” means portable document format.