1. (a) Unless modified by the Commissioner or the presiding officer, the order of proof in enforcement proceedings shall be as follows:

   1. (1) evidence of the violations alleged;
   2. (2) cross-examination of the department's witnesses;
   3. (3) evidence by respondent and his witnesses;
   4. (4) cross-examination of respondent and his witnesses;
   5. (5) such rebuttal or other evidence on behalf of the department or other party in interest as may be allowed by the Commissioner.
2. (b) At the discretion of the Commissioner or presiding officer, the parties may be ordered to file proposed findings of facts and conclusions of law, or post-hearing briefs, or both. The Commissioner or presiding officer may order that such proposed findings and conclusions be filed together with, or as part of, post-hearing briefs.

(Effective September 25, 1992; Amended February 1, 2001)