1. (a) In all proceedings, the moving party has the right to open and close. Where several matters have been consolidated, the judge will designate who will open and close. The judge will determine at what stage other parties will be permitted to offer evidence and argument. After all parties have completed the presentation of their evidence, the judge may call upon any party for further material or relevant evidence upon any issue.
2. (b) In a permit hearing, the executive director shall open with a simple statement of his preliminary position on the application and, in a permit hearing, will present the draft permit including special provisions, if any. The applicant shall then present evidence to meet its burden of proof on the application, followed by other parties, the public interest counsel, and the executive director. In all cases, the applicant shall be allowed a rebuttal. Any party may present a rebuttal case when another party presents evidence that could not have been reasonably anticipated.
3. (c) In all contested enforcement case hearings, the executive director has the right to open and close. In all such cases, the executive director shall be allowed to close with his rebuttal.

Source Note:The provisions of this §80.117 adopted to be effective June 6, 1996, 21 TexReg 4763.