- (a) After the conclusion of the hearing, no other evidence, testimony or exhibits shall be allowed into the record, except as allowed pursuant to (b), below.
- (b) Prior to the conclusion of the hearing, a participant may request that the record be left open for a specified period of time in which to file evidence or arguments not available at the hearing. If the council determines that such material is necessary to a full consideration of the issues raised in the appeal, the presiding officer shall set a date by which the additional material shall be filed.
- (c) The participant filing such additional material shall serve copies of all items filed in accordance with Env-WC 203.08.
- (d) If any other participant to the hearing requests time to respond to the material submitted, the presiding officer shall set a specific time period following filing of the material for the filing of a response. If any other participant to the hearing requests the opportunity to cross-examine on the additional material submitted, the presiding officer shall set a date and time for a hearing at which cross-examination on the additional material submitted shall be allowed, if the presiding officer determines that such cross-examination is required for a full and true disclosure of the facts.
(e) The determination to allow cross-examination shall be based on:
- (1) The nature of the factual and legal issues in dispute in the proceeding;
- (2) The testimony and evidence submitted during the hearing and any cross-examination thereon; and
- (3) The nature of the additional evidence to be submitted.
Source. #8977-A, eff 9-14-07 (from Env-WC 203.27)