1. (a) The examiner shall open the hearing and make a concise statement of its scope and purposes. Once the hearing has begun, parties or their representatives may be off the record only when the examiner permits. If a discussion off the record is pertinent, the examiner may summarize such discussion for the record. Appearances are to be entered on the record by all parties, their attorneys, or representatives, and any persons who may testify during the proceedings. All persons present who may testify will then be placed under oath. Thereafter, parties may make motions or opening statements. The party seeking relief is the party with the burden of proof throughout the proceeding.
2. (b) Following opening statements, if any, by both sides, the party with the burden of proof (the appellant, insured, petitioner, intervenor, or claimant) may be directed to proceed with his direct case. Questions by way of clarification may be permitted but should not be used as a substitute for cross-examination.
3. (c) Where the proceeding is initiated at the executive director's or the board's own call, or where several proceedings are heard on a consolidated record, the examiner shall designate who shall open and close and at what stage intervenors shall be permitted to offer evidence.
4. (d) Opportunity for cross-examination and presentation of direct and rebuttal cases shall be afforded all parties of record. After all parties have completed the presentation of their evidence, and been afforded the opportunity to ask clarifying questions and to cross-examine the opposition witnesses, closing statements may be allowed. The party with the burden of proof (the appellant, insured, petitioner, intervenor, or claimant) shall be entitled to open and close.
5. (e) The examiner may also call upon any party or staff of the board for further material or relevant evidence upon any issue before the issuance of a proposal for decision; however, no such evidence shall be allowed into the record without an opportunity for inspection, cross-examination, and rebuttal by the other interested parties.

Source Note:The provisions of this §67.55 adopted to be effective March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165.